Agenda packet — Pacific Grove City Council, May 3, 2023 (part 1 of 2)

CITY COUNCIL

CLOSED SESSION MEETING AGENDA
Wednesday, May 3, 2023, 5:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Join the Zoom Meeting to participate live at:
https://us02web.zoom.us/j/692219855
To participate telephonically, call any number below:
877 853 5247 (Toll Free)
888 788 0099 (Toll Free)
669 900 9128
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AGENDA

CALL TO ORDER

APPROVAL OF AGENDA

CLOSED SESSION

PUBLIC COMMENT ON CLOSED SESSION MATTERS
Comments from the public will not receive Council action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes
A. Conference with Legal Counsel – Pending Litigation (Gov. C. §54956.9) Enayati v. City of Pacific Grove, Case No. 21CV002786 (Enayati I) AND Mark A. Enayati v. City of Pacific Grove, Case No. 22CV001017 (Enayati II) B. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) One potential case (Complaint by Employee of discrimination)

ADJOURNMENT
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CITY COUNCIL

REGULAR MEETING AGENDA
Wednesday, May 3, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.

Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290
To participate telephonically, call any number below:
888 788 0099 US (Toll-free)
877 853 5247 US (Toll-free)
669 900 9128
669 219 2599
Webinar ID: 209 579 290#
If prompted to enter a participant ID, press #.

Help Line 831-648-3128

MEETING INSTRUCTIONS
The public may also view the meeting on the Peninsula Channel 25.

AGENDA

CALL TO ORDER
PLEDGE OF ALLEGIANCE: Mayor Peake
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1. APPROVAL OF AGENDA

2. PRESENTATIONS
A. Mayor's Proclamation: Affordable Housing Month PAGE 9 Reference: Bill Peake, Mayor
Recommended Action: Receive presentation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Mayor's Proclamation: Gateway Center's 60th Anniversary PAGE 11 Reference: Bill Peake, Mayor
Recommended Action: Receive the presentation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other

4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council. Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

A. General Public Comment
Reference: Sandra Kandell, City Clerk
Recommended Action: Receive written general public comment if applicable.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

CONSENT AGENDA
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CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the City Council Adjourned meeting of April 12, 2023 and City Council Regular meeting of April 19, 2023 PAGE 14
Reference: Sandra Kandell, City Clerk
Recommended Action: Approve the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Resolution Amending Council Policy 000-9 (Council Guidelines) Regarding Public Hearing and Appeal Procedures PAGE 29
Reference: Brian A. Pierik, City Attorney
Recommended Action:

Motion to adopt Resolution Amending Council Policy 000-9 (Council Guidelines) Regarding Public Hearing and Appeal Procedures.

1. 2. Alternative action based on direction of City Council related to this subject matter.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A. Fiscal Year 2022/23 Mid-Year Budget Modifications and Ordinance Amending the Fiscal Year 2022/23 Budget PAGE 40
Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action: Hold second reading and adopt an ordinance amending the Fiscal Year 22/23 Operating and Capital Improvement Budget
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
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8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. Third Quarter Treasurer’s Quarterly Report – Fiscal Year 2022-23 PAGE 47 Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action:

1. Receive the report.

2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Third Quarter Budget Report PAGE 51
Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action:

1. Receive the report.

2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Third Quarter Purchase Order Report PAGE 57
Reference: Jennifer Pope, Management Analyst
Recommended Action:

1. Receive the Third Quarter Purchase Order Report.

2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Third Quarter 22/23 Workers' Compensation Report PAGE 65 Reference: Audrey Cray, Finance & Risk Manager
Recommended Action: Receive the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Third Quarter Capital Project Budget Report & Update PAGE 68 Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action:

1. Receive the report.

2. Alternatively, discuss and take action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. FY22/23 Crack & Slurry Seal PAGE 77
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:

Authorize an agreement with Graham Contractors for the FY22/23 Crack and Slurry Seal Project in an amount not to exceed $319,139 plus a 5% contingency;

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities B. Microsoft Enterprise Software License Agreement PAGE 79 Reference: Mohammed Khasimi, Chief Information Officer
Recommended Action:

Authorize the Mayor to execute a 3-year agreement with Dell / Microsoft for Microsoft Enterprise Software Licensing through Riverside County Master Agreement, in the amount of approximately $25,000 annually; or

1. 2. Alternatively, discuss and take other action related to this item.

Annual costs are subject to change with changes to the product quantity and licensing type due to staff turnover, changes to storage capacity or user-level access needs.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. FY22/23 Street Rehabilitation Project – Bid Additive 2 PAGE 139 Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:

Authorize an agreement with Monterey Peninsula Engineering for the FY22/23 Street Rehabilitation Project, bid additive 2 in an amount not to exceed $180,935 plus a 5% contingency;

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A. Architectural Review Board Minutes: February 14, 2023 PAGE 142 Reference: Laurel O'Halloran, Planner & Economic Development Coordinator Recommended Action: Receive minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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B. Planning Commission Meeting Minutes: March 9, 2023 PAGE 147 Reference: Joseph Sidor, Contract Planner
Recommended Action: Receive the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

REGULAR AGENDA

11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each. A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter.

12. UNFINISHED AND ONGOING BUSINESS
A. FY23/24 Capital Improvement Plan & SB1 Project List PAGE 152 Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:

Receive and approve the FY 23/24 Capital Improvement Plan (CIP) to include in the Operating Budget

1. 2. Approve a resolution adopting the FY23/24 SB1 Project List

3. Alternatively, discuss and take other action related to this item CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Recreation Department Update and Increased Programming Plan Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action: PAGE 176

1. Receive report and provide direction.

2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Formal Selection of Focused General Plan Update Consultant PAGE 187 Reference: Anastacia Wyatt, Community Development Director Recommended Action:

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Recommended Action:

Authorize an Agreement with Rincon Consultants, Inc. to complete the focused General Plan update, associated zoning ordinance and map amendments, and objective design and development standards, economic analysis, market assessment, parking data, and a climate action and adaptation plan in an amount not to exceed $2,193,070 beginning in FY 22/23 and terminating in FY 27/28.

1. 2. Alternatively, discuss and take other action related to this item.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.

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Agenda No. 2 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: May 03, 2023
SUBJECT: Mayor's Proclamation: Affordable Housing Month CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive proclamation.

Attachments
Proclamation
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Mayor’s Proclamation
Affordable Housing Month
May 2023
WHEREAS, the City of Pacific Grove celebrates the month of May as Affordable Housing Month.

Quality affordable housing is essential to safe, healthy, diverse, vibrant, and resilient communities. The rising cost of housing has caused longtime residents to be displaced, live in overcrowded or unsafe homes, or live in cars and on the streets, threatening our region's capacity to thrive and WHEREAS, in addition to creating new, permanently affordable homes, preserving and improving existing housing stock helps foster strong, vibrant communities by preventing homelessness, helping individuals age in place, fostering community roots, supporting our local workforce and families, and promoting racial and economic equity for future generations; and
WHEREAS, in addition to reducing greenhouse gas emissions, affordable homes near public transit and jobs provide low-income families with better access to opportunities and amenities. By investing in affordable homes for all, non-profit organizations, local governments, community groups, and others create inclusive communities and interrupt patterns of racial and economic inequity in housing; and WHEREAS, as the City of Pacific Grove participates in Affordable Housing Month, it aims to encourage the entire region to take collective action to expand affordable housing and end homelessness.

Providing local resources for affordable housing is an important function of local jurisdictions such as the City of Pacific Grove to leverage federal, state, and other funding for affordable housing; and NOW, THEREFORE, I, Bill Peake, Mayor of Pacific Grove, California, do hereby proclaim the month of May 2023 as “AFFORDABLE HOUSING MONTH” advocating for affordable housing opportunities for all residents and prospective residents of the City of Pacific Grove. The City of Pacific Grove will also continue to promote affordable housing on a local, regional, and state level and encourage residents to participate in activities associated with Affordable Housing Month.
_______________________
Bill Peake, Mayor
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Agenda No. 2 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: May 03, 2023
SUBJECT: Mayor's Proclamation: Gateway Center's 60th Anniversary CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the presentation.

Attachments
Proclamation
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Mayor’s Proclamation

Gateway Center of Monterey County's 60th Anniversary
May 2023
WHEREAS, the City of Pacific Grove recognizes the Gateway Center of Monterey County’s 60th Anniversary; and
WHEREAS, the Gateway Center is a private, non-profit, community-based organization that offers a range of services for individuals with intellectual disabilities, including residential care, developmental training, and activity programs; and WHEREAS, with dignity and independence, the Gateway Center empowers adults with developmental disabilities to live full and productive lives within the community; and WHEREAS, in every aspect of their work, the Gateway Center is guided by three principles: Rights, Choices, and Opportunities for Growth; and WHEREAS, the Gateway Center works with their participants to provide services and programs that are tailored to individual needs and are client-driven to ensure a safe, stable, and nurturing environment.

NOW, THEREFORE, I Bill Peake, Mayor of Pacific Grove, California, do hereby proclaim the Gateway Center of Monterey County’s 60th Anniversary. The City is honored to have a non-profit in the community providing such valuable resources.

_______________________________
Bill Peake, Mayor
City of Pacific Grove
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Agenda No. 4 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: May 03, 2023
SUBJECT: General Public Comment
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive written general public comment if applicable.

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Agenda No. 5 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: May 03, 2023
SUBJECT: Minutes of the City Council Adjourned meeting of April 12, 2023 and City Council Regular meeting of April 19, 2023
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve minutes.

Attachments
Draft Minutes 4-12-23
Draft Minutes 4-19-23
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1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

ADJOURNED MEETING

THIS MEETING WAS ADJOURNED FROM
APRIL 5, 2023 (UNFINISHED ITEMS 11A – 13A)
Wednesday, April 12, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290

CALL TO ORDER
Mayor Peake called this adjourned meeting to order concurrently with the special meeting noticed below at 6:00 p.m. Sand City, City Clerk Kerry Lindstrom conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell. Absent: Councilmembers Amelio and Poduri.

PLEDGE OF ALLEGIANCE
Councilmember McDonnell led the pledge of allegiance.

1. APPROVAL OF AGENDA
Upon motion by Councilmember McDonnell and seconded by Mayor Pro Tem Smith, the Council voted to approve the agendas of the special and adjourned meetings.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmembers Amelio and Poduri.

2. PRESENTATIONS

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

4. GENERAL PUBLIC COMMENT

CONSENT AGENDA

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
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2 6. RESOLUTIONS

7. ORDINANCES

8. REPORTS – INFORMATION ONLY
A. Civicwell Policymakers Conference At the April 5, 2023 meeting, this item was pulled and considered as Regular Agenda item 13A.

Reference: Chaps Poduri, Councilmember
Recommended Action: Receive report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

9. REPORTS – REQUIRING ACTION
A. Contract Amendment for professional contract planner services with Harris & Associates, Inc. At the April 5, 2023 meeting, this item was pulled and considered as Regular Agenda item 12C.

Reference: Anastacia Wyatt, Community Development Director Recommended Action: Approve an agreement amendment not to exceed $208,145.00 up until June 30, 2024, approximately $58,145.00 through June 30, 2023, for Fiscal Year 22- 23 and $150,000 for Fiscal Year 23-24 for professional contract planner services with Harris & Associates, Inc.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES

REGULAR AGENDA

11. PUBLIC HEARINGS
A. First reading of an ordinance to amend the City Salary Classification Schedule - Adding a new classification Adjourned from April 5, 2023.

No public comment received.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember McDonnell, Council voted to

1. Request the City Attorney read the title of the ordinance;

2. Waive further reading of the ordinance;

3. Introduce and hold a first reading of an ordinance to amend the salary classification schedule to establish a salary range for new classification of Property and Evidence Technician and approve the amendment; and

4. Direct that a summary of a proposed ordinance be published as approved by the City Attorney.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmembers Amelio and Poduri.

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3 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Second Reading of an Ordinance to amend Title 15 of the Pacific Grove Municipal Code to update the Streets and Sidewalk Sections On April 5, 2023, this item was pulled from the Consent Agenda and adjourned from April 5, 2023.

No public comment received.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Beck, Council voted to hold second reading and adopt Ordinance No. 23-004 to update Title 15 of the Pacific Grove Municipal Code.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmembers Amelio and Poduri.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

12. UNFINISHED AND ONGOING BUSINESS
B. FY22/23 Street Rehabilitation Project Adjourned from April 5, 2023.

Public comment received from Lisa Ciani.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember McDonnell, Council voted to authorize an agreement with Monterey Peninsula Engineering for the FY22/23 Street Rehabilitation Project on segments of 13th, 15th and 16th St in an amount not to exceed $1,520,048 plus a 9% contingency.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmembers Amelio and Poduri.

CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
C. Contract Amendment for professional contract planner services with Harris & Associates, Inc. On April 5, 2023, this item was pulled from the Consent Agenda and adjourned from April 5, 2023.

Public comment received from Lisa Ciani.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Mayor Peake, Council voted to approve an agreement amendment not to exceed $208,145.00 up until June 30, 2024, approximately $58,145.00 through June 30, 2023, for Fiscal Year 22-23 and DRAFT PGCC 5-3-23

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4 $150,000 for Fiscal Year 23-24 for professional contract planner services with Harris & Associates, Inc.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.

NOES: None.

ABSENT: None.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS
A. Civicwell Policymakers Conference On April 5, 2023, this item was pulled from the Consent Agenda and adjourned from April 5, 2023.

No public comment received.

Action: Council received report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

14. FULL PRESENTATIONS

15. CLOSED SESSION
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5 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

SPECIAL MEETING
April 12, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. APPROVAL OF AGENDA
Mayor Peake called this special meeting concurrently with the aforementioned adjourned meeting at 6:00 p.m. Sand City, City Clerk Kerry Lindstrom conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell. Absent: Councilmembers Amelio and Poduri.

2. PRESENTATIONS

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

4. GENERAL PUBLIC COMMENT

CONSENT AGENDA

5. APPROVAL OF CITY COUNCIL MEETING MINUTES

6. RESOLUTIONS

7. ORDINANCES

8. REPORTS – INFORMATION ONLY

9. REPORTS – REQUIRING ACTION

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES DRAFT PGCC 5-3-23

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6 REGULAR AGENDA

11. PUBLIC HEARINGS

12. UNFINISHED AND ONGOING BUSINESS

13. NEW BUSINESS
A. Authorize City Manager to Execute California State Subdivision Agreements and All Other Participation Documents to participate in Settlements with Teva, Allergan, Walgreens, Walmart, and CVS Defendants in the National Multidistrict Opioid Litigation
No public comment was received.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember McDonnell, Council voted to authorize the City Manager to execute the five California State Subdivision Agreements and any other required sign-on documents to participate in settlements with Teva, Allergan, Walgreens, Walmart, and CVS defendants in the National Opioid Litigation.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmembers Amelio and Poduri.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
Council adjourned the meeting at approximately 6:34 p.m.

Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: _______________________________Date________________ Attest by City Manager: ____________________________Date_________________ DRAFT PGCC 5-3-23

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1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

CLOSED SESSION MEETING
Wednesday, April 19, 2023, 5:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY
(HYBRID).

Join the Zoom Meeting to participate live at:
https://us02web.zoom.us/j/692219855

CALL TO ORDER
Mayor Peake called the meeting to order at 5:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, and Coletti. Absent: Councilmembers McDonnell and Poduri. Councilmember McDonnell arrived at the meeting at 5:30 p.m.

APPROVAL OF AGENDA
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the agenda.

Motion carried 5-0-2, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, and Coletti.

NOES: None.

ABSENT: Councilmembers McDonnell and Poduri.

CLOSED SESSION

PUBLIC COMMENT ON CLOSED SESSION MATTERS
No public comment received.

A. Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Ben Harvey, City Manager, Tori Hannah, Administrative Services Director and Leticia Livian, Human Resources Director
Employees: General Employees Association, Management Employees Association, Police Officers Association, Unrepresented Management, Confidential Employees, and Unrepresented Department Heads
B. Conference with Real Property Negotiators (Government Code § 54956.8) Property: El Carmelo Cemetery, 68 Asilomar Avenue APN006-102-001-000 Agency Negotiator(s): Ben Harvey, City Manager
Negotiating Party(ies): GTE Mobilenet of CA Limited
Under negotiation: Land Lease Agreement for Wireless Telecommunication Facility, Price and Terms of Payment
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2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

REGULAR MEETING
Wednesday, April 19, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290

CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell. Absent: Councilmember Poduri.

PLEDGE OF ALLEGIANCE:

Councilmember Amelio led the pledge of allegiance.

1. APPROVAL OF AGENDA
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the agenda.

Motion carried 6-0-1, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmember Poduri.

2. PRESENTATIONS
A. Mayor's Proclamation: Arbor Day
Action: Council received the presentation.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Ben Harvey, City Manager, Tori Hannah, Administrative Services Director and Leticia Livian, Human Resources Director
Employees: General Employees Association, Management Employees Association, Police Officers Association, Unrepresented Management, Confidential Employees, and Unrepresented Department Heads
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3 City Attorney Brian Pierik had no report.

Conference with Real Property Negotiators (Government Code § 54956.8) Property: El Carmelo Cemetery, 68 Asilomar Avenue APN006-102-001-000 Agency Negotiator(s): Ben Harvey, City Manager
Negotiating Party(ies): GTE Mobilenet of CA Limited
Under negotiation: Land Lease Agreement for Wireless Telecommunication Facility, Price and Terms of Payment
City Attorney Brian Pierik had no report.

B. Council and staff made general announcements.

4. GENERAL PUBLIC COMMENT
General public comments received from Jane Haines, Jenny MacMurdo, Heidi, Andrew Kubica, Carmelita Garcia, Lisa Ciani, Marsha, Mike Gibbs, Peggy Gibbs, Wyatt Haselbauer, Inge Lorentzen Daumer, Rebecca Lee.

A. General Public Comment
Action: Received written general public comment if applicable.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

CONSENT AGENDA
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to approve the agenda as amended.

Motion carried 6-0-1, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmember Poduri.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the City Council Closed Session and Regular Meetings for April 5, 2023 Action: Approved minutes as corrected via Errata.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

6. RESOLUTIONS
A. Resolution of Intention to Levy an Assessment for the Hospitality Improvement District for Fiscal Year 23-24
Action:

1. Approved Resolution of Intention to Levy an Assessment for the Hospitality Improvement District for Fiscal Year 23-24 (Resolution No. 23-008).

2. Directed staff to notice a public hearing to be held on May 17, 2023 for the purpose of hearing any protests and determining whether to levy the assessment.

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4 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Resolution of Intention to Levy an Assessment for the Downtown Business Improvement District for Fiscal Year 23-24
Action:

1. Approved the attached Resolution of Intention to Levy an Assessment for the Downtown Business Improvement District for Fiscal Year 23-24 (Resolution No. 23-009).

2. Directed staff to notice a public hearing to be held on May 17, 2023 for the purpose of hearing any protests and determining whether to levy the assessment.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Resolution Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF)
Action: Rescinded Resolution 15-051; and approved Resolution No. 23-010 authorizing the investment of monies in the Local Agency Investment Fund (LAIF) CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

7. ORDINANCES
A. Second reading of an ordinance to amend the City Salary Classification Schedule - Adding a new classification
Action: Held second reading and adopted Ordinance No. 23-005 to amend the salary classification schedule to establish a salary range for new classification of Property and Evidence Technician and approved the amendment.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
A. Single Audit Report for the Fiscal Year Ended June 30, 2022 Action: Received the Single Audit Report, which includes the Auditor's Opinion on Compliance for Each Major Federal Program
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Monterey Salinas Transit Minutes for March 10, 2023
Action: Received the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Check Register - March 2023
Action: Received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Core Revenue Report - March 2023
Action: Received the report.

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5 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

9. REPORTS – REQUIRING ACTION
A. Agreement with Robert Half International, Inc.

Action: Authorized the Mayor to sign an agreement with Robert Half International, Inc. to provide temporary staffing services in an amount not to exceed $100,000.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Authorize staff to sign a new 3-year contract with iWorQ Systems, in an amount not to exceed $21,875 annually.

Action: Approved a new 3-year contract with iWorQ Systems, in an amount not to exceed $21,875 annually.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Diversity, Equity and Inclusion Minutes: March 13, 2023 Action: Received the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Library Advisory Board Minutes: January 9, 2023
Action: Received the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Planning Commission Meeting Minutes: February 9, 2023 Action: Received the minutes.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

REGULAR AGENDA

11. PUBLIC HEARINGS
A. Approve a Resolution adopting the Master Fee Schedule for Fiscal Year (FY) 2023-24 Public comment received from Inge Lorentzen Daumer.

Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem Smith, Council voted to approve a resolution adopting the Master Fee Schedule for Fiscal Year (FY) 2023-24, including the annual Consumer Price Index (CPI) adjustment with the following adjustments: 1) Increase lighthouse building entry fees to $7 for adults and $3 for ages 7-17; 2) Annual parklet parking spot fee – staff to calculate the fee based on Parking Lot Permit, Annual $405; 3) Parklet permit fee as a separate line item fee; 4) Outdoor Dining Permit Fee, separate line each for sidewalk and parklet; 5) 4.9% increase in water entitlement rights fees; and 6) Resident parking spot fee stays the same and does not increase. (Resolution No. 23-011.)
Motion carried 6-0-1. by the following roll call vote:

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6 AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmember Poduri.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Fiscal Year 2022/23 Mid-Year Budget Modifications and First Reading of an Ordinance Amending the Fiscal Year 2022/23 Budget
Public comment received from Andrew Kubica.

Action: Upon motion by Councilmember Amelio and seconded by Mayor Peake, Council voted to

1. Request the City Attorney read the title of the ordinance;

2. Waive further reading of the ordinance;

3. Introduce and hold first reading of an ordinance amending the Fiscal Year 2022/23 Operating and Capital Improvement Budget; and

4. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

Motion carried 6-0-1, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmember Poduri.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Tree Appeal: 306 Crocker
Mayor Peake opened the quasi-judicial public hearing.

Council declared no ex parte communication occurred.

Staff provided introduction.

Appellant provided 10 minutes for presentation.

Public comment received from: Tim Calvert, Christine Monson, Lee Willoughby, Susan Goldbeck, Tom Mueller, Doug Mueller, Joy Welch, Sally Moore, Inge Lorentzen Daumer, Thom Akeman, and Kim Akeman.

Appellant provided 5 minutes for rebuttal.

Mayor Peake closed the quasi-judicial public hearing, and returned the matter to Council for dialogue.

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7 Council took a break from 8:12 – 8:24 p.m.

Action: Upon motion by Beck and seconded by Mayor Peake, Council voted to approve the appeal for tree removal permit at 306 Crocker Avenue and direct staff to return with findings to this affect.

Motion failed 2-4-1, by the following roll call vote:

AYES: Mayor Peake and Councilmember Beck.

NOES: Mayor Pro Tem Smith, Councilmembers Amelio, Coletti, and McDonnell.

ABSENT: Councilmember Poduri.

Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem Smith, Council voted to hold the de novo public hearing for tree removal permit application #23- 011, uphold the decision of the City Arborist denying the removal of three (3) Monterey Cypress trees located at 306 Crocker Avenue, and adopt the findings as presented by staff on page 247 of the Council’s agenda packet.

Motion carried 4-2-1, by the following roll call vote:

AYES: Mayor Pro Tem Smith, Councilmembers Amelio, Coletti, and McDonnell.

NOES: Mayor Peake and Councilmember Beck.

ABSENT: Councilmember Poduri.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

12. UNFINISHED AND ONGOING BUSINESS
A. AB481 Military Equipment Use Annual Report
Public comment received from Inge Lorentzen Daumer.

Action: Council received the report.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. FY21/22 CIP Lookback
Public comment received from Marsha.

Action: Council received the report on the Fiscal Year 21/22 Capital Improvement Plan (CIP).

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. 2023/2025 Council Goals and Workplan
Public comment received from Andrew Kubica, Mike Gibbs, Lisa Ciani, and Inge Lorentzen Daumer.

Action: Upon motion by Councilmember Coletti and seconded by Councilmember Beck, to DRAFT PGCC 5-3-23

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8 review and approve 2023/2025 Goals and Workplan as presented, the motion was set aside for a substitute motion by Councilmember Amelio.

Action: Upon a substitution motion by Councilmember Amelio to approve 2023/2025 Goals and Workplan as presented with a goal added under Recreation Services to explore avenues of a skateboard park, the substitution motion failed for lack of a second.

Action: Upon the original motion by Councilmember Coletti and seconded by Councilmember Beck, Council voted to review and approve 2023/2025 Goals and Workplan as presented.

Motion carried 6-0-1, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and McDonnell.

NOES: None.

ABSENT: Councilmember Poduri.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
Council adjourned the meeting at approximately 10:45 p.m.

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Agenda No. 6 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian A. Pierik, City Attorney
MEETING DATE: May 03, 2023
SUBJECT: Resolution Amending Council Policy 000-9 (Council Guidelines) Regarding Public Hearing and Appeal Procedures
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to adopt Resolution Amending Council Policy 000-9 (Council Guidelines) Regarding Public Hearing and Appeal Procedures.

1. 2. Alternative action based on direction of City Council related to this subject matter.

DISCUSSION
At the City Council meeting on April 5, 2023, Mayor Peake presented an item recommending that the City Council direct the City Attorney to prepare a Resolution amending Council Policy 000-9 (Council Guidelines) to implement the proposed public hearing and appeal procedures.

Mayor Peake explained in the Agenda Report of April 5, 2023 that the purpose of policy amendment is to provide a clear public hearing procedure and identify the appropriate city codes that govern hearings and appeals.

Attachment 1 to this Agenda Report is a proposed Resolution Amending Council Policy 000-9 (Council Guidelines) Regarding Public Hearing and Appeal Procedures.

OPTIONS
Do not adopt the proposed resolution.

FINANCIAL IMPACT:

There is no fiscal impact.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
1 Amd Council Policy 000-9 Re Public Hearing and Appeal Procedures with Exhibit A 2 Redline Version of Council Policy 000-9
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2 Redline Version of Council Policy 000-9
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RESOLUTION NO. 23-xxx
RESOLUTION AMENDING COUNCIL POLICY 000-9 (COUNCIL GUIDELINES) REGARDING PUBLIC HEARING AND APPEAL PROCEDURES.

FINDINGS

1. On April 5, 2023, Mayor Peake presented an item recommending that the City Council direct the City Attorney to prepare a Resolution amending Council Policy 000-9 (Council Guidelines) to implement the proposed public hearing and appeal procedures.

2. Mayor Peake explained in the Agenda Report of April 5, 2023 that the purpose of the policy amendment is to provide a clear public hearing procedure and identify the appropriate city codes that govern hearings and appeals.

3. This Resolution is being presented to the City Council pursuant to the direction from the Council at the April 5, 2023 City Council meeting.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

1. The Council determines that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Resolution.

2. The Council hereby approves the amendment to Council Policy 000-9 to implement the proposed public hearing and appeal procedures such that Council Policy 000-9 shall be as set forth in Exhibit A to this Resolution.

3. This Resolution shall become effective immediately following passage and adoption thereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 3rd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:

DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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EXHIBIT A

CITY OF PACIFIC GROVE CITY COUNCIL POLICY
Policy Governing Policy No. Effective Date Page
Council Guidelines 000-9 February 3, 2010 1 of 4
I. AGENDA PACKET PREPARATION AND DISTRIBUTION

1. Agenda packets will be prepared and distributed in accordance with PGMC 2.04.050 and the Ralph M. Brown Act. However, the deadline for agenda submittals may be sooner to account for any scheduled workdays off that are necessary for publishing and distribution. Publishing/distribution of the agenda packet to Council is by email notification (preferred) unless otherwise instructed.

2. The goal is to have a complete agenda packet at the time of its distribution. If, however, staff receives substantiating information, reports, proposed emergency ordinances and other such information to the Council after packet distribution, including at the time of the Council meeting, staff may provide this material, so long as the public is correspondingly informed and is given access in accordance with the Brown Act.

3. Nothing contained in this policy shall prevent the normal flow of legally permissible information from staff to the Council needed to keep the Council informed.

II. PUBLIC HEARING PROCEDURES
PGMC Chapter 23.86 Public Meeting and Hearing Procedures shall be adhered to.

Action on Coastal Development Permit applications require adherence to PGMC 23.90.070 CDP application public notice and hearing.

For public hearings involving a quasi-judicial determination by Council the following procedure applies:

1. Council Ex parte communication is disclosed.

2. Staff provides a report on the public hearing item, including correspondence.

3. Public hearing is opened.

4. The applicant or appellant of the item shall be allocated a maximum of 10 minutes to speak. If a single designated spokesperson is provided to the City Clerk, in advance of the meeting, names of persons who request the spokesperson to speak on their behalf, such persons being 10 or greater in number, that single spokesperson shall be allocated an increased amount of time to speak, not to exceed an additional 10 minutes.

5. If a single designated spokesperson in opposition is provided to the City Clerk, in PGCC 5-3-23

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advance of the meeting, names of persons who request the spokesperson to speak on their behalf, such persons being 10 or greater in number, that single spokesperson shall be allocated a maximum of 10 minutes to speak.

6. Public speakers other than the applicant or appellant or designated spokesperson will each be allocated a maximum of 3 minutes or less to speak, whether in support or opposition.

7. Applicant or appellant of the item shall be allocated a maximum of 5 minutes to speak on rebuttal.

8. Opposition spokesperson shall be allocated a maximum of 5 minutes to speak on surrebuttal.

9. Public hearing is closed.

10. Council dialogue is followed by motion to adopt findings and decision.

III. RECOGNITION BY CHAIR
All persons, including members of the Council, wishing to speak shall first be recognized by the Chair.

IV. APPEAL HEARING
PGMC Chapter 23.74.050 (d) Processing of appeals and call-ups – Actions and Findings shall be adhered to.

PGMC Chapter 23.90.100 Appeals of CDP decisions shall be adhered to for Coastal Development Permit application appeals.

PGMC Chapter 12.70 Appeals shall be adhered to for tree decisions.

The Council shall hold a hearing de novo on appeals. A de novo hearing on appeal is not dependent on the record of the body from which an appeal is taken. Evidence is taken, witnesses appear and statements are made, all without regard to whether precisely the same evidence, witnesses and statements were recorded at the hearing below. Thus, although the Municipal Code labels it an appeal, it is in fact a second (or third, if it is a hearing on the Planning Commission’s decision on appeal from the Architectural Review Board) full, de novo consideration of the issue.

Failure of the Council to reverse, uphold, or uphold with modifications the action appealed or called up, results in the Beautification and Natural Resources Commission or Planning Commission action standing as decided. (Such failure would occur, for example, in the event of a Council tie vote.)
V. APPOINTMENT OF COUNCIL COMMITTEES
From time to time, the Council may see fit to appoint an ad hoc committee. When a Council committee is appointed, the Mayor will assign a maximum of three Council Members.

The Mayor designates the Council Member to serve as Committee Chair. In the event of a change in Council or committee assignments, the senior member of the Council will serve as Committee Chair. If there is a Council-Planning Commission committee, a member of the PGCC 5-3-23

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Council shall serve as Chair for the group.

VI. VOTES REQUIRED FOR ACTION
Article 15 of the Charter provides that four affirmative votes of the Council are necessary to adopt ordinances, resolutions, or claims against the City. Except as specified elsewhere, it is also Council policy that all actions of the Council (except those calling for five votes, such as urgency ordinances) require the affirmative vote of four members, irrespective of the number in attendance when an action is taken.

VII. BROWN ACT PROCEDURES
The City Council operates in accordance with the provisions set forth in the Ralph M. Brown Act (Brown Act). The City Attorney shall provide training and written materials on the Brown Act.

VIII. USE OF ELECTRONIC COMMUNICATION DEVICES DURING CITY COUNCIL

MEETINGS
The City Council’s use of electronic communication devices during a City Council meeting may lead to the public’s perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, a Councilmember’s use of electronic communication devices (i.e., cell phones, tablets, laptop computers), other than for the purpose of (1) accessing agenda materials, (2) facilitating ADA access, and (3) using teleconferencing software, is prohibited during City Council meetings.

This policy does not prohibit using an electronic communications device in the event of an urgent matter. A Councilmember wishing to respond to such a message during a meeting shall do so during a recess or shall excuse him or herself from the meeting to place the return call or text in a manner that does not disrupt the meeting.

City employees shall not communicate with Councilmembers via electronic communication devices during City Council meetings.

Adopted: March 6, 1991 (Resolution No. 6151)
Amended: February 17, 1993 (Resolution No. 6329)
Amended: December 6, 1995 (Resolution No. 6492)
Amended: February 3, 2010 (Resolution No. 10-014)
Amended: December 16, 2020 (Resolution 20-039)
Amended: March 22, 2023 (Resolution 23-007)
Amended: May 3, 2023 (Resolution 23-XXX)
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ATTACHMENT 2 – REDLINE

CITY OF PACIFIC GROVE

CITY COUNCIL POLICY
Policy Governing Policy No. Effective Date Page
Council Guidelines 000-9 February 3, 2010 1 of 4
I. AGENDA PACKET PREPARATION AND DISTRIBUTION

Publishing/distribution of the agenda packet to Council is by email notification (preferred) unless otherwise instructed.

3. Nothing contained in this policy shall prevent the normal flow of legally permissible information from staff to the Council needed to keep the Council informed.

II. PUBLIC HEARING PROCEDURES
PGMC Chapter 23.86 Public Meeting and Hearing Procedures shall be adhered to.

Action on Coastal Development Permit applications require adherence to PGMC 23.90.070 CDP application public notice and hearing.

For public hearings involving a quasi-judicial determination by Council the following procedure applies:

1. Council Ex parte communication is disclosed.

2. Staff provides a report on the public hearing item, including correspondence.

3. Public hearing is opened.

5. If a single designated spokesperson in opposition is provided to the City Clerk, in advance of the meeting, names of persons who request the spokesperson to speak on their behalf, such persons being 10 or greater in number, that single spokesperson shall be allocated a maximum of 10 minutes to speak.

6. Public speakers other than the applicant or appellant or designated spokesperson will each be allocated a maximum of 3 minutes or less to speak, whether in support or opposition.

7. Applicant or appellant of the item shall be allocated a maximum of 5 minutes to speak on PGCC 5-3-23

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rebuttal.

8. Opposition spokesperson shall be allocated a maximum of 5 minutes to speak on surrebuttal.

9. Public hearing is closed.

10. Council dialogue is followed by motion to adopt findings and decision.

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III. RECOGNITION BY CHAIR
All persons, including members of the Council, wishing to speak shall first be recognized by the Chair.

IV. APPEAL HEARING
PGMC Chapter 23.74.050 (d) Processing of appeals and call-ups – Actions and Findings shall be adhered to.

PGMC Chapter 23.90.100 Appeals of CDP decisions shall be adhered to for Coastal Development Permit application appeals.

PGMC Chapter 12.70 Appeals shall be adhered to for tree decisions.

VII. BROWN ACT PROCEDURES
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The City Council operates in accordance with the provisions set forth in the Ralph M. Brown Act (Brown Act). The City Attorney shall provide training and written materials on the Brown Act.

VIII. USE OF ELECTRONIC COMMUNICATION DEVICES DURING CITY

COUNCIL MEETINGS
The City Council’s use of electronic communication devices during a City Council meeting may lead to the public’s perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, a Councilmember’s use of electronic communication devices (i.e., cell phones, tablets, laptop computers), other than for the purpose of (1) accessing agenda materials, (2) facilitating ADA access, and (3) using teleconferencing software, is prohibited during City Council meetings.

City employees shall not communicate with Councilmembers via electronic communication devices during City Council meetings.

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Agenda No. 7 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: May 03, 2023
SUBJECT: Fiscal Year 2022/23 Mid-Year Budget Modifications and Ordinance Amending the Fiscal Year 2022/23 Budget
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading and adopt an ordinance amending the Fiscal Year 22/23 Operating and Capital Improvement Budget

DISCUSSION
No substantive changes were made between first and second reads. The City Clerk caused a summary of the ordinance to be published on April 27, 2023.

The City Council approved the Fiscal Year 2022/23 Budget on June 15, 2022. Throughout the year, the City may make amendments to the budget to reflect updates to revenues and expenditures.

The City Council’s approval is needed to amend the budget.

The attached budget amendment ordinance reflects contracts that were approved by the City Council in March, items that were considered at the April 12 Council Meeting, revised estimates for select capital projects, and the addition of a three-quarter time Recreation Coordinator position. While an overview of the items are listed below, the Public Works and Community Development staff will be present at the Council Meeting for any follow-up questions relating to these adjustments.

This proposed budget amendment ordinance was presented at the Council Meeting on April 19, 2023.

A summary of the ordinance was published on April 27, 2023.

General Fund - Increased Expenditures of $164,401
Housing Element Contract
On March 22, 2023, Council approved a contract with Rincon Consultants, Inc. for the Sixth Cycle Housing Element Update. The total amount of the agreement was $227,918, with $100,000 available in the approved Fiscal Year 2022/23 Budget. The attached budget amendment ordinance includes the additional $127,918 that is needed to support the contract.

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Harris and Associates Staffing Contract
On April 5, 2023, staff brought forward an item to increase the Harris and Associates contract for contract planner services. This item was continued to April 12, 2023. The amount of the increase attributed to Fiscal Year 2022/23 was $58,145. This contract was anticipated to be funded by allocating $34,662 in Community Development Department salary savings; and an appropriation of $23,483 from the General Fund balance. The additional $23,483 to support this contract has been included in the budget amendment ordinance.

Chautauqua Hall Preservation Plan, CIP 23-17
This project was originally included in the Fiscal Year 2022/23 Proposed Budget in the American Rescue Plan Act (ARPA) Fund. As part of the mid-year budget process, the current year project allocation was reduced to zero to align with projected expenses, and a revised commencement date in Fiscal Year 2023/24. A competitive quote was received to perform the project; however it was above the original budget allocation. This project is essential to the long-term planning and preservation of Chautauqua Hall, as well as the pursuit of grant funding for future improvements. To assist in moving forward with this project, staff is requesting the reinstatement of $25,000 in ARPA funds, as well as a $13,000 transfer from the General Fund to the CIP Fund to support the proposed $38,000 Plan costs.

Recreation Coordinator Position
The Recreation Department is requesting the addition of a three-quarter time Recreation Coordinator to provide Youth Center Services. This position will provide the necessary oversight on the weekends that will allow for the opening of the Youth Center on Saturday and Sunday throughout the summer. This position will also provide oversight for the afterschool Youth Center programming, which is anticipated to commence for 2-4 days per week starting in May of 2023, and continue for the remainder of the school year. There are sufficient funds in the Fiscal Year 2022/23 Budget to support this position. The annual costs for this position are anticipated to be approximately $58,400. This position request is consistent with the draft City Council goals.

Local Streets and Roads, Measure X - Increased Expenditures of $125,155 Fiscal Year 21/22 Crack and Slurry Seal Project, CIP 22-02 This project concluded in August 2022. During the mid-year budget process, the remaining project balance of $41,174 was adjusted to zero to reflect the project completion. The contractor contacted the City and indicated a final retention invoice was still pending. The proposed amendment reinstates $12,021 of the original project allocation to provide for payment of the final invoice.

Fiscal Year 21/22 Street Rehabilitation Project, CIP 22-01 This project was originally allocated between multiple funds. The amount attributed to the Sewer Fund's share of the project were less than anticipated; however the allocation to other funds was insufficient to support costs that were ineligible for sewer funding. While the overall project is in alignment with the approved budget, an amendment needs to be made to apply costs to the appropriate funding source. Staff is requesting an additional appropriation of $113,134 from the Local Streets and Roads Fund (Measure X) to support these costs.

CIP Fund - Increased Revenues and Expenditures of $13,000 Chautauqua Hall Preservation Plan, CIP 23-17
The budget ordinance includes a transfer-in from the General Fund of $13,000, along with the corresponding expenditures to support the aforementioned Chautauqua Hall Preservation Plan.

Road Maintenance and Rehabilitation Account (RMRA)/SB1 Fund - Increased Expenditures of PGCC 5-3-23

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$65,000
Fiscal Year 22/23 Crack and Slurry Seal Project, CIP 23-02 Following a competitive bid process, it was determined that an additional $65,000 was needed to support the crack and slurry seal of 630,000 SF of roadway, which was identified for treatment in the City's Pavement Management Program. Crack and slurry sealing is a vital maintenance activity that helps preserve the City's roads against rapid deterioration and potholes due to inclement weather. This is a cost-effective maintenance treatment that helps ensure roads remain in good condition for years to come.

Sewer Fund - Increased Expenditures of $190,000
Fiscal Year 22/23 Road Rehabilitation Project, CIP 23-01 During the engineering phase of this project, underground infrastructure was CCTV videoed to assess existing conditions. It was anticipated, based on the age of lines and construction records, that segments of the sewer infrastructure would need to be replaced. As such, the project budget included the funds to address the anticipated need. While videoing, staff discovered the sewer line on 16th Street from Pine to Junipero Ave. was in a deteriorated state and in need of replacement. Although it was outside of the bounds of the original segment of 16th Street, that needed to be addressed, due to the critical nature of sewer infrastructure, improvements to 16th Street between Spruce and Junipero Ave. were engineered.

Based on the engineer's estimate, there is sufficient funding in the approved budget to support the sewer improvements; however an additional appropriation is needed to support the pavement rehabilitation that is required following the sewer improvements. As such, the street improvements on 16th Street (from Spruce to Junipero) were included as a bid additive (Bid Additive 2). The sewer elements were included in the base bid and this item is scheduled to be considered by the City Council at the April 12 Meeting. A separate contract will be brought forth for Bid Additive 2, if this budget amendment is approved.

ARPA Fund - Reinstatement of expenditures in the amount of $25,000 Chautauqua Hall Preservation Plan, CIP 23-17
The budget ordinance reinstates the original $25,000 that was appropriated for this project.

An additional proposed $13,000 to support this Plan has been included in a transfer from the General Fund to the CIP Fund.

OPTIONS

1. Make no adjustments

2. Provide alternate direction to staff
FINANCIAL IMPACT:

The modifications to the General Fund are anticipated to result in a drawdown of unassigned fund balance in the amount of $164,401. This is projected to result in an estimated ending unassigned General Fund balance of approximately $11.1 million. This places the estimated ending fund balance $816,000 above the City's updated reserve threshold of $10.3 million.

The net change to all other funds are provided within the ordinance.

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FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Budget Amendment Ordinance
PGCC 5-3-23

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ORDINANCE NO. xx-xxx

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE OPERATING AND CAPITAL PROJECTS BUDGET FOR THE FISCAL YEAR (FY) 2022-23
FACTS

1. The City Council approved the Fiscal Year 2022-23 Budget on June 15, 2022.

2. It is customary to amend the budget to adjust revenues and expenditures to reflect updated information since the adoption of the Fiscal Year 2022-23 Budget.

3. The City Manager is recommending amendments to the Fiscal Year 2022-23 Budget to reflect the City Council goals for the fiscal year budget.

4. The Council has determined it is appropriate to amend the approved budget for FY 2022-23.

5. Pursuant to Charter Article 15, an amendment of the budget must be approved by ordinance.

6. A summary of the Ordinance, approved by the City Attorney, was published on April 27, 2023.

7. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.

8. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing facts are adopted as findings of the City Council as set forth fully within the body of this ordinance.

SECTION 2. The revenue budget for the following funds is amended, as stated herein. Which by reference are incorporated as set forth in its entirety.

Fund Increase/(decrease)
63 - CIP Fund 13,000
Budget Adjustment Summary
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SECTION 3. The expenditure budget for the following funds is amended, as stated herein. Which by reference are incorporated as set forth in its entirety.

SECTION 4. The Fiscal Year 2022/23 estimated fund balances based on this adjustment, are referenced herein:
(1) The estimated ending “available” fund balance for Sewer Fund is $6,245,156.

SECTION 5. In accord with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 3 rd
day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
Fund Increase/(decrease)
01 - General Fund 164,401
17 - Local Streets and Roads 125,155
47 - Road Maintenance and Rehab. (RMRA/SB1) 65,000
63 - CIP Fund 13,000
76 - Sewer 190,000
84 - American Rescue Plan Act (ARPA) 25,000
Budget Adjustment Summary
Fund
Beginning Fund
Balance Est. Revenue Est. Expense
Est. Ending
Fund Balance
01 - General Fund 12,010,279 31,253,000 32,163,307 11,099,972 17 - Local Streets and Roads 955,564 774,992 1,681,633 48,923 47 - Road Maintenance and Rehab. (RMRA/SB1) 476,538 325,978 669,806 132,710 63 - CIP Fund (21,195) 2,888,233 1,870,393 996,645
76 - Sewer (1)
21,575,089 4,316,666 4,351,871 21,539,884
84 - American Rescue Plan Act (ARPA) 293,369 1,849,559 2,030,199 112,729 PGCC 5-3-23

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ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
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Agenda No. 8 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: May 03, 2023
SUBJECT: Third Quarter Treasurer’s Quarterly Report – Fiscal Year 2022-23 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive the report.

2. Alternatively, discuss and take other action related to this item.

DISCUSSION
Article 19, Section (K) of the City Charter requires that a quarterly statement of all funds in the treasury be submitted to the Council. The Treasurer’s report allows the Council and public to verify that the City’s funds are invested in a safe and prudent manner, and that such investments comply with City policy and state law. The Treasurer’s Report is different from a budget report, as its purpose is to report on cash balances.

This report reflects the City’s balances as of March 31, 2022, and shows that cash and investments held citywide, with a market value of $27,906,090. All investments are in government securities, certificates of deposit (CD), or other approved investment vehicles. The maturity dates are laddered, to ensure liquidity. All bank balances are insured. The City does not actively tra de either certificates of deposits or federal agency securities but hold investments in the portfolio for maturity.

Date Description Rate Dollar Amt/
Face Value Activity
01/10/23 Dort Finl Credit, Grand Blanc, MI, CD 4.50% $247,000 Purchase 01/17/23 Liberty First Credit Union, Lincoln, NB, CD 4.55% $249,000 Purchase 01/19/23 Technology Credit Union, San Jose, CA, CD 5.00% $248,000 Purchase 01/25/23 Morgan Stanley Bank, Salt Lake City, UT, CD 2.65% $246,000 Maturity 01/30/23 Wells Fargo National Bank, Las Vegas, NV, CD 1.90% $249,000 Maturity 01/31/23 Signature Federal Credit Union, Alexandria, VA, CD 4.40% $249,000 Purchase
01/31/23 Manufacturers and Traders, Buffalo, NY, CD 4.50% $244,000 Purchase PGCC 5-3-23

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02/17/23 First Technology Fed. Credit Union, Mtn. View, CA, CD 4.85% $249,000 Purchase
03/15/23 Lyons National Bank, NY, CD 4.75% $244,000 Purchase 03/17/23 Celtic Bank, Salt Lake City, UT, CD 4.70% $249,000 Purchase 03/24/23 Bell Bank, Fargo, ND, CD 0.85% $249,000 Maturity 03/24/23 Morgan Stanley Bank, Salt Lake City, UT, CD 4.90% $244,000 Purchase 03/28/23 Truliant Fed. Credit Union, Winston Salem, NC, CD 5.00% $247,000 Purchase
03/30/23 Centerstate Bank, Winterhaven, FL, CD 0.90% $242,000 Maturity 03/30/23 Flagstar Bank, Hicksville, NY, CD 5.25% $243,000 Purchase Investment Notes:

The average yield on the City’s portfolio for the quarter is 2.89%. This represents a yield rate that is 0.44% greater than prior quarter and 1.65% greater the same quarter in the prior year.

OPTIONS
N/A – This is an informational report.

FINANCIAL IMPACT:

There is no fiscal impact. This is informational only.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Third Quarter Treasurers Report
PGCC 5-3-23

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City of Pacific Grove Treasurer's Report
Quarter Ending March 31, 2023

DEPOSITORY ACCOUNT DESCRIPTION OF SECURITY

MATURITY
DATE

INTEREST

RATE/YIELD

DOLLAR/PAR
AMOUNT
MARKET
VALUE
State of California Local Agency Investment Fund (LAIF) Immediate 2.74% 9,894,840.91 9,894,840.91 Bank of America Checking Pooled Cash Immediate 747,818.64 747,818.64 N/A Petty Cash General Immediate 685.00 685.00
Concourse Financial Cash Dreyfus Govt Cash Mngt 4.29% 900,840.39 900,840.39 Concourse TVI Certificate of Deposit Alabama Cr Un Tuscaloosa Ala Sh Ctf 11/22/2024 4.90% 248,000.00 247,583.36 Concourse TVI Certificate of Deposit All In Fed Cr Un Daleville AL Sh Ctf 12/20/2027 4.40% 249,000.00 244,117.11 Concourse TVI Certificate of Deposit Alliant Cr Un Chicago Ill Sh Ctf 12/30/2027 4.85% 249,000.00 248,855.58 Concourse TVI Certificate of Deposit Ally Bk Sandy Utah 6/9/2026 3.00% 246,000.00 232,300.26 Concourse TVI Certificate of Deposit Amerant Bk Natl Assn Coral Gables FL 12/3/2025 0.45% 249,000.00 221,179.23 Concourse TVI Certificate of Deposit American Express Natl Bk 7/13/2027 3.25% 246,000.00 230,487.24 Concourse TVI Certificate of Deposit Austin Telco Fed Cr Un Tex Sh CTF 12/16/2026 4.95% 249,000.00 249,321.21 Concourse TVI Certificate of Deposit BMW Bk North Amer Salt Lake City Utah 11/20/2025 0.50% 249,000.00 222,083.10 Concourse TVI Certificate of Deposit BMO Harris Bk Natl Assn Chicago Ill 6/10/2024 2.80% 246,000.00 239,559.72 Concourse TVI Certificate of Deposit Bank Baroda New York Brh 7/22/2025 0.65% 249,000.00 225,937.62 Concourse TVI Certificate of Deposit Baxter Cr Un Vernon Hills Ill Sh CTF 11/30/2026 5.00% 248,000.00 248,736.56 Concourse TVI Certificate of Deposit Baycoast Bnk Swansea Mass CTF 1/24/2025 1.70% 247,000.00 233,069.20 Concourse TVI Certificate of Deposit Bridgewater Bk St Louis Pk, MN 11/28/2025 0.45% 249,000.00 221,308.71 Concourse TVI Certificate of Deposit Capital One Natl Assn McLean VA CTF 8/7/2024 2.25% 247,000.00 238,014.14 Concourse TVI Certificate of Deposit Capital One Natl Assn Glen Allen VA CTF 6/9/2025 3.00% 246,000.00 236,177.22 Concourse TVI Certificate of Deposit Celtic Bk Salt Lake City Utah 3/17/2027 4.70% 249,000.00 247,062.78 Concourse TVI Certificate of Deposit Direct Fed Cr Un Needham Mass SH CTF 11/9/2026 4.75% 249,000.00 247,682.79 Concourse TVI Certificate of Deposit Discover BknGreenwood Del 6/7/2027 3.15% 246,000.00 229,830.42 Concourse TVI Certificate of Deposit Dort Finl CR Grand Blanc MI 1/12/2026 4.50% 247,000.00 244,376.86 Concourse TVI Certificate of Deposit Enerbank Salt Lake City UT CTF 6/28/2023 3.20% 246,000.00 244,878.24 Concourse TVI Certificate of Deposit 1ST Finl Bk Dakota Dunes SD 7/11/2024 2.90% 249,000.00 242,329.29 Concourse TVI Certificate of Deposit First Technology FED CR Mtn View CA 2/18/2025 4.85% 249,000.00 248,472.12 Concourse TVI Certificate of Deposit Flagstar BK Hicksville New York 4/24/2025 5.25% 243,000.00 244,443.42 Concourse TVI Certificate of Deposit Greenwood Cr Un Warwick RI SH CTF 5/28/2024 4.95% 248,000.00 247,628.00 Concourse TVI Certificate of Deposit Ideal Cr Un Woodbury MN SH CTF 12/29/2027 4.50% 249,000.00 245,165.40 Concourse TVI Certificate of Deposit Industrial & Coml Bk China USA Natl Assn NY CTF 2/11/2026 0.45% 249,000.00 219,630.45 Concourse TVI Certificate of Deposit JPMorgan Chase BK NA Columbus OH CTF Dep 12/15/2025 0.50% 248,000.00 220,526.56 Concourse TVI Certificate of Deposit Latino Cmnty Cr Un Durham NC SH CTF 12/21/2027 4.50% 249,000.00 245,165.40 Concourse TVI Certificate of Deposit Liberty Fed Cr Un Evansville IN SH CTF 12/9/2024 4.90% 249,000.00 248,601.60 Concourse TVI Certificate of Deposit Liberty First Cr Un Lincoln Neb 1/20/2026 4.55% 249,000.00 246,659.40 Concourse TVI Certificate of Deposit Live Oak Bkg Co Wilmington NC CTF Dep 11/27/2024 1.85% 249,000.00 236,525.10 Concourse TVI Certificate of Deposit Lyons Natl BK NY 3/16/2026 4.75% 244,000.00 242,980.08 Concourse TVI Certificate of Deposit Manufacturers & Traders Buffalo NY 1/31/2025 4.50% 244,000.00 241,967.48 Concourse TVI Certificate of Deposit Merrick Bk South Jordan Utah 1/31/2025 1.80% 249,000.00 235,170.54 Concourse TVI Certificate of Deposit Minnwest Bk Redwood Falls Minn Ctf Dep 7/15/2025 0.50% 249,000.00 225,115.92 Concourse TVI Certificate of Deposit Morgan Stanley Bk N A Salt Lake City Ut CTF 3/23/2028 4.90% 244,000.00 244,556.32 Concourse TVI Certificate of Deposit Morgan Stanley Private Bk Natl Assn Pur N Y 12/6/2023 3.55% 245,000.00 242,420.15 Concourse TVI Certificate of Deposit Mountain Amer Fed Cr Un West Jordan UT SH CTF 5/28/2024 5.00% 248,000.00 247,766.88 Concourse TVI Certificate of Deposit New York Cmnty Bk Westbury N Y 7/1/2026 0.70% 249,000.00 217,847.61 Concourse TVI Certificate of Deposit Preferred Bk Los Angeles Calif Ctf Dep 8/16/2024 2.00% 249,000.00 238,915.50 Concourse TVI Certificate of Deposit Raymond Jmes Bk Natl Assn St Petersburg FL CTF Dep 11/8/2023 1.75% 247,000.00 242,143.98 Concourse TVI Certificate of Deposit Sallie Mae Bk Salt Lake City UT CTF 5/23/2023 3.20% 246,000.00 245,353.02 Concourse TVI Certificate of Deposit Signature FED Cr Un Alexandria VA 1/31/2028 4.40% 249,000.00 244,102.17 Concourse TVI Certificate of Deposit Southern Bk Poplar Bluff MO CTF DEP 11/8/2024 4.70% 249,000.00 247,802.31 Concourse TVI Certificate of Deposit Synchrony Bk Retail CTF Dep Citigroup Instl CTF Dep 12/10/2026 1.25% 248,000.00 217,969.68 Concourse TVI Certificate of Deposit Technology CR UN San Jose CA 1/21/2025 5.00% 248,000.00 248,084.32 Concourse TVI Certificate of Deposit Texas Exchange Bk SSB Crowley Ctf Dep 11/25/2025 0.60% 249,000.00 221,385.90 Concourse TVI Certificate of Deposit Truliant FED Cr Un Winston Salem NC 3/27/2026 5.00% 247,000.00 247,679.25 Concourse TVI Certificate of Deposit UBS Bk USA Salt Lake City Ut 6/23/2026 0.75% 249,000.00 218,156.37 Concourse TVI Certificate of Deposit US Alliance FCU Rye New York SH CTF 9/30/2027 4.00% 249,000.00 240,150.54 Concourse TVI Certificate of Deposit University Bk Ann Arbor MICH CTF DEP 11/30/2027 4.20% 249,000.00 242,052.90 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 9/30/2025 0.60% 250,000.00 228,622.50 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 5/31/2026 0.70% 250,000.00 227,227.50 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 4/15/2025 3.35% 500,000.00 485,685.00 Concourse TVI U.S. Government Bonds Federal Farm Cr Bks 1/11/2027 1.470% 530,000.00 479,634.10 Total Concourse - General 15,066,840.39 14,471,338.50
TOTAL GENERAL INVESTMENTS 25,710,184.94 25,114,683.05
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City of Pacific Grove Treasurer's Report
Quarter Ending March 31, 2023

DEPOSITORY ACCOUNT DESCRIPTION OF SECURITY

MATURITY
DATE

INTEREST

RATE/YIELD

DOLLAR/PAR
AMOUNT
MARKET
VALUE
Concourse TVI Yount Cash Sweep Money Market Fund 4.29% 740.85 740.85 Concourse TVI Yount Fixed Income Bank Hapoalim B M New York BRH Ctf Dep 12/15/2025 0.50% 205,000.00 182,288.05 Concourse TVI Yount U.S.Treasury Securities United Sts Treas NTS 4/30/2024 2.50% 180,000.00 175,998.60 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide BDS 9/16/2025 0.55% 96,000.00 87,597.12 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide 5/13/2026 0.88% 170,000.00 153,079.90 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide BDS 1/11/2027 1.47% 97,000.00 87,782.09 Concourse TVI Yount U.S. Government Bonds Federal Agric Mtg Corp Medium Terms Nts Fed 1/15/2026 0.48% 95,000.00 86,407.25 Total Concourse - Endowments 843,740.85 773,893.86
TOTAL INVESTMENTS HELD FOR ENDOWMENTS 843,740.85 773,893.86 Umpqua Bank Money Market 0.01% 2,017,513.15 2,017,513.15 Total Umpqua Bank 2,017,513.15 2,017,513.15
TOTAL RESERVE INVESTMENT 2,017,513.15 2,017,513.15
GRAND TOTAL 28,571,438.94 27,906,090.06
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Agenda No. 8 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: May 03, 2023
SUBJECT: Third Quarter Budget Report
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive the report.

2. Alternatively, discuss and take other action related to this item.

DISCUSSION
The Administrative Services Department produces quarterly financial reports to assist in evaluating the City's fiscal condition. The attached report provides details on General Fund revenues and expenditures, as well as a summary related to enterprise funds.

Additional information regarding City finances, can be accessed from the following link: City Finance Information

OPTIONS
N/A. This is informational only.

FINANCIAL IMPACT:

There is no fiscal impact. The report is informational only.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Third Quarter Budget Report
PGCC 5-3-23

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City of Pacific Grove
Third Quarter Budget Report – Fiscal Year 22/23
Fund Summaries
The following tables provide an overview of current revenues and expenditures for each major fund. A summary of each fund, along with additional details on the General Fund are provided in the subsequent sections.

Revenues
FY 22/23 YTD Prior YTD
Fund Amended Transactions % of Budget Transactions
01 General Fund $31,253,000 $19,253,253 62% $18,656,021 74 Local Water Project 1,356,187 469,962 35% 528,259
75 Cemetery 672,800 659,909 98% 582,438
76 Sewer Fund 4,316,666 1,912,876 44% 2,362,517
77 Golf 797,500 695,156 87% 592,500
Expenditures
Fund
FY 22/23
Amended YTD Transactions % of Budget
Prior YTD
Transactions
01 General Fund $31,998,906 $22,015,619 69% $19,077,206 74 Local Water Project 1,592,536 674,264 42% 634,573
75 Cemetery 605,669 368,224 61% 339,209
76 Sewer Fund 4,161,871 1,787,143 43% 1,798,021
77 Golf 427,500 350,440 82% 299,284
General Fund Overview
General Fund revenues and expenditures are trending relatively consistent with the budgetary projections.

The differences in the year-to-date (YTD) revenues are primarily related to economic recovery; and a corresponding planned increase in expenditures.

At the close of the third quarter, expenditures exceeded revenues by approximately $2.8million. This variance is due to uneven revenue receipting patterns, combined with a significant debt service payment at the beginning of the year. This third quarter deficit is also evident in the prior year. Specific information related to major revenue categories and departmental expenditures are provided within this section.

The City continually monitors the budget on a regular basis. If any significant budgetary variances are identified, a budget amendment will be requested as part of the mid-year budget process; or through a separate budget amendment during the year. The budgetary amounts listed in this report reflect the midyear budget adjustment.

General Fund Revenues
The following chart provides an overview of the General Fund revenues. All receipts are trending consistent with the prior year or the annual budget. The Fiscal Year 22/23 year to date revenues are approximately $597,000 or 3.2% greater than the prior year. Any significant variances are listed in the subsequent table.

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Revenues
Amended
Budget YTD Transactions
% Used /
Rec'd
Prior YTD
Transactions
Taxes:

Property Taxes $9,102,000 $5,299,211 58% $4,877,380
Transient Occupancy Tax 6,387,000 4,335,339 68% 3,994,948 Transient Use Licenses 95,000 78,514 83% 74,003
Sales and Use Tax 5,564,000 3,053,986 55% 2,473,614
Business License Tax 365,000 370,299 101% 315,549
Franchise Tax 1,555,000 820,184 53% 722,413
Utility User Tax 1,965,000 1,371,443 70% 1,250,094
Other Tax 176,000 108,430 62% 145,786
Total Taxes $25,209,000 $15,437,406 61% $13,853,787
Other:

Licenses and Permits 987,000 704,042 71% 669,218
Intergovernmental 401,000 64,112 16% 89,484
Charges for Services 2,061,000 1,420,081 69% 1,153,210
Fines and Forfeitures 106,000 98,376 93% 25,583
Interest, Rents, Conc. 378,000 232,192 61% 210,466
Other Revenues 1,311,000 497,043 38% 673,049
Interfund Transfers 800,000 800,000 100% 1,981,224
Totals $31,253,000 $19,253,253 62% $18,656,021
Property Taxes
Property Tax revenues are received in December and April, with a minor payment in June. The $5.3 million in property tax receipts represent the December property tax distribution.

Transient Occupancy Tax and Licenses
At the close of the third quarter, the City received $4.3 million in transient occupancy revenue, which represents 68% of the budgeted revenues. This amount is 8.5% or $340,391 greater than the prior year. The year-to-date transactions reflect eight payments within each fiscal year.

Sales Tax
The Fiscal Year 22/23 amount reflects sevenmonths of sales tax receipts, which is equivalent to the number of payments received in the prior year. This is $580,371 or 23.5% greater than the prior year. This is primarily related to Measure A sales tax revenues. This new 0.50% local tax became effective in October 1, 2022.

Franchise Taxes
This revenue category has uneven receipting patterns, with two utilities typically submitting a single large payment in the fourth quarter.

Other Tax
In Fiscal Years 20/21 and 21/22, the amount of Real Estate Transfer Taxes nearly doubled, when compared to Fiscal Year 19/20. The amounts received in the first three quarters of this fiscal year are trending lower than the prior year, which could indicate a gradual return to traditional levels.

Intergovernmental
Intergovernmental revenues can vary based on the timing of grant reimbursements. In the first three quarters of the year, there were minimal grant billings or receipts in the General Fund.

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Charges for Services
Charges for services increased by approximately 23.1% or $266,871 when compared to the prior year. This is primarily due to increased plan check fees, which includes a single payment of $100,000; and greater receipts in zoning enforcement activities, special event revenues, and various recreation fees.

Fines and Forfeitures
In Fiscal Year 22/23, the City received an $80,414 payment related to a code enforcement case. Revenues in this category vary each year.

Other Revenues
The revenues within this category may vary each year. The Fiscal Year 22/23 budgeted amount includes $625,187 in anticipated proceeds from a water entitlement promissory note. This pending one-time receipt primarily contributes to the budgetary variance.

Interfund Transfers
In Fiscal Year 22/23, a transfer of $800,000 in American Rescue Plan Act (ARPA) funds was appropriated to assist in supplementing the General Fund. The amount transferred relates to corresponding expenditures that were identified in the first three quarters. In Fiscal Year 21/22, transfersfrom the Operating Donations Fund and the ARPA Fund were initiated to align with approved expenditures.

Expenditures
Department expenditures may not typically trend with the percentage of year that has elapsed. The primary exception is the underlying salary and benefit costs, which are trending consistent with the number of completed payperiods. The Fiscal Year 22/23 year to date expenditures are $2.9million or 15.4% greater than the prior year. Additional information specific to departments are listed below the table.

Expenditures
FY 22/23
Amended
YTD
Transactions
% of
Budget
Prior YTD
Transactions
City Council 490,331 222,178 45% 233,251
City Manager 1,223,495 767,262 63% 769,543
City Attorney 711,100 312,306 44% 489,568
Economic Development 335,177 169,450 51% -
Finance 1,443,702 890,360 62% 828,419
Information Services 914,389 535,784 59% 464,589
Police 7,925,586 5,712,040 72% 5,159,767
Fire 4,365,373 3,526,458 81% 2,841,794
Public Works 4,296,703 2,814,997 66% 2,499,287
Community Development 2,912,968 1,555,833 53% 1,394,294 Library 1,116,332 811,205 73% 714,040
Recreation 930,065 543,549 58% 471,053
Museum 325,500 248,941 76% 229,081
Subtotal $26,990,721 $18,110,363 67% $16,094,685
Capital Outlay 1,244,221 995,648 80% 468
Transfers to CIP Fund 575,000 431,250 75% 499,280
Debt Service 2,239,777 2,235,358 100% 2,162,610
Interfund Transfers 949,187 243,000 26% 320,164
Total Expenditures $31,998,906 $22,015,619 69% $19,077,206 PGCC 5-3-23

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City Council
The annual budgetary variance of $268,153 primarily relates to the timing of legal and professional service payments. The remaining Fiscal Year 22/23 unexpended amount includes commitments of $169,088 for various contracts.

City Attorney
At the close of the third quarter, approximately 44% of the City Attorney budget was expended. The majority of the unexpended funds or $345,913, has been encumbered or earmarked for specific legal contracts.

Economic Development
In Fiscal Year 22/23, the City established a new department to track expenditures for economic development programs. These costs were previously recorded in the City Manager and Community Development Department budgets. The budgetary difference primarily reflects the timing of Economic Development Commission expenditures; and the use of façade program funds.

Finance Department
In the first three quarters of the year, the Finance Department expended approximately 62% of the budgeted amount. The budgetary variance primarily reflects funds set aside for a comprehensive study of City fees, a cost allocation plan, and developer impact fee analysis; a pending invoice from the State for the implementation of Measure A; and timing of contracts.

Information Technology Department
The budgetary difference primarily reflects the timing of contract services, as well software licensing costs that are typically paid within the last quarter of the fiscal year.

Fire
The annualdifference in fire expenditures reflect the timing of monthly payments and a prior year true-up of $152,351. The Fiscal Year 22/23 year-to-date expenditures includes one additional monthly payment of $235,786 for contract fire services, as well as increased pension costs.

Community Development
In the first three quarters of the fiscal year, the Community Development Department has expended $1.6 million or approximately 53% of the budgeted funds, with an additional $723,827 encumbered or reserved for specific contracts. The annual and budgetary difference primarily relate to the timing of contract services, as well as corresponding payments. The Fiscal Year 22/23 expenditures include one additional monthly payment for building contract services, when compared to the prior year.

Recreation
Recreation expenditures reflect approximately 58% of the amended budget. This represents an increase of $72,496 when compared to the prior year. The amended budget includes funding to expand recreation operations and seasonal programs.

Interfund Transfers
In Fiscal Year 22/23, the budgeted amount represents a $725,187 transfer in water entitlement sales to the Local Water Project to support operations and repay the Interfund Sewer Loan; and $224,000 in transfers to the Public Safety Augmentation Fund for emergency dispatch services. The water entitlement revenues are comprised of a developer promissory note in the amount of $625,187; and a $100,000 General Fund contribution. The $625,187 amount will be transferred upon receipt of the payment. The transfersthrough PGCC 5-3-23

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the third quarterrepresent 75% of the contribution towards emergency dispatch fees and Local Water Project operations.

Other Funds
Local Water Project (LWP)
The LWP revenues for the first three quarters of Fiscal Year 22/23, include a $75,000 transfer of water entitlement proceeds; and operating revenues of $394,962. The Fiscal Year 21/22 operating revenuesfor the same period were $360,119, prior to transfers. Annual expenditures were approximately $40,000 greater than the prior year. Contributing factors include increased water utility costs which resulted from the failure of a mechanical component within the plant; and decreased wastewater flows in the City’s main trunk lines during the evening hours.

Cemetery
The Cemetery expenditures are trending relatively close to the percentage of time that has elapsed. The first three quarters of Cemetery revenues represent 98% of the budgeted amount; and signify a13.3% or a $77,471 increase over the prior year. In the first quarter of Fiscal Year 22/23, staff worked to map historical and new sections of the El Carmelo Cemetery. This included Section T, a recent addition of 36 new single burial sites.

Multiple new sites within this area were sold, contributing to increased revenues.

Sewer Fund
Sewer fund revenues are approximately $450,000 less than the prior year. Due to the timing associated with collecting and remitting bi-monthly payments to the City, only three payments were received through the third quarter of this fiscal year, as compared to four in the prior year. The delayed payment for Fiscal Year 22/23 was received in April. The City contracts with Monterey One Water to collect sewer use fees. The Sewer Fund has sufficient fund balance to manage any cash flow requirements. The annual and budgetary variances in expenditures are primarily related to the timing of capital projects.

Golf Course
Golf Course revenues are $102,655 or 17.3% greater than the prior year. Thisincludes a one-time percentagebased payment that was in excess of the prior year. Expenditures are $51,156 or 17.1% greater than the prior year amount. This increase reflects a planned replacement of HVAC unit at the golf course clubhouse and a contribution to the Golf Course capital trust fund. The expenditures within the firstthree quarters of the year, also include a debt service payment of $136,000.

PGCC 5-3-23

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Agenda No. 8 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jennifer Pope, Management Analyst
MEETING DATE: May 03, 2023
SUBJECT: Third Quarter Purchase Order Report
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive the Third Quarter Purchase Order Report.

2. Alternatively, discuss and take other action related to this item.

DISCUSSION
The Third Quarter Purchase Order Report includes information on purchase orders that were issued under $40,000. This report is intended to be consistent with the reporting requirement in Section

2.16.160 of the City's Purchasing Systems and Procedures.

Purchase orders are required for purchases of supplies, services, materials, equipment, and contractual services over $5,000.

The Purchase Order Report includes:

Vendor name
Date the purchase order was issued
Description of the encumbered funds
Purchase order amount
Preliminary year-to-date expenses through the third quarter This report was previously a part of the Quarterly Budget Report, but based on the recommendation from the Finance Subcommittee, it is now presented independently.

OPTIONS
N/A - This is an informational report.

FINANCIAL IMPACT:

There is no financial impact associated with receiving this report.

FOCUSED PRIORITY AREA: Not Applicable.

PGCC 5-3-23

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Attachments
Purchase Order Report
PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000109 CITY ATTORNEY 111 COLANTUONO, HIGHSMITH & WHATLEY 10/02/22 LEGAL ASSISTANCE - HOBBS 2,200.00 814.00 OPEN 23000125 CITY ATTORNEY 111 COLANTUONO, HIGHSMITH & WHATLEY 11/03/22 PG&E UUT LEGAL SERVICES 1,468.38 901.04 OPEN 23000160 CITY ATTORNEY 111 NOLAND, HAMERLY, ETIENNE, & HOSS 01/04/23 ENAYATI CASE #22CV001017 32,337.41 5,610.59 OPEN 23000180 CITY ATTORNEY 111 NOLAND, HAMERLY, ETIENNE, & HOSS 02/06/23 ENAYATI CASE #21CV00278 30,000.00 13,201.77 OPEN 23000183 CITY ATTORNEY 111 BEST BEST & KRIEGER ATTORNEYS 02/08/23 TELECOMMUNICATION ISSUES 38,537.50 6,537.00 OPEN 23000047 CITY MANAGER 121 ELLIS INVESTIGATIONS 08/13/22 IMPARTIAL WORKPLACE INVESTIGATION 9,995.00 7,377.50 OPEN 23000077 CITY MANAGER 121 NOLAND, HAMERLY, ETIENNE, & HOSS 09/04/22 LEGAL ADVICE EE DISC APPEAL 4,121.92 258.07 OPEN 23000080 CITY MANAGER 121 REVIZE, LLC 9/8/2022 WEBSITE SERVICES 7,675.00 7,675.00 CLOSED 23000094 CITY MANAGER 121 HDL ECONSOLUTIONS 09/18/22 ECONOMIC DEVELOPMENT CONSULTANT 39,750.00 - OPEN 23000095 CITY MANAGER 121 HINDERLITER, DE LLAMAS & ASSOCIATES 09/18/22 CANNABIS ORDINANCE CONSULTANT 15,000.00 1,500.00 OPEN 23000096 CITY MANAGER 121 LIEBERT CASSIDY WHITMORE 09/23/22 LEGAL SERVICES - POA NEGOTIATIONS 15,000.00 9,265.00 OPEN 23000103 CITY MANAGER 121 BRYCE CONSULTING, INC. 09/25/22 CLASS & COMPENSATION STUDY 9,528.00 - OPEN 23000106 CITY MANAGER 121 CUSTOM INK 9/27/2022 SUPPLIES 4,671.03 4,589.47 CLOSED 23000110 CITY MANAGER 121 DE LAY & LAREDO 10/2/2022 LEGAL SERVICES 12,506.00 12,506.00 CLOSED 23000204 CITY MANAGER 121 TRIPEPI SMITH & ASSOCIATES 03/22/23 PIO/SOCIAL MEDIA SERVICES 39,999.00 4,750.00 OPEN 23000035 ADMINISTRATIVE SERVICES 131 QUADIENT LEASING USA 07/31/22 MAIL MACHINE 1,993.72 1,000.66 OPEN 23000054 ADMINISTRATIVE SERVICES 131 CENTRALSQUARE TECHNOLOGIES 08/20/22 UPGRADE SOFTWARE 11,830.00 3,465.00 OPEN 23000113 ADMINISTRATIVE SERVICES 131 WELLS FARGO FINANCIAL 10/12/22 KONIKA LEASE 12,920.84 7,823.78 OPEN 23000134 ADMINISTRATIVE SERVICES 131 ROBERT HALF INTERNATIONAL 11/17/22 TEMPORARY EMPLOYMENT 39,999.00 33,346.08 OPEN 23000144 ADMINISTRATIVE SERVICES 131 FOSTER & FOSTER CONSULTING ACTUARIES 12/2/2022 GASB 75 CONSULTING 4,313.00 1,949.00 CLOSED 23000147 ADMINISTRATIVE SERVICES 131 MCGILLOWAY, RAY, BROWN & KAUFMAN 12/02/22 IMPLEMENTATION OF GASB 87 8,000.00 6,200.00 OPEN 23000149 ADMINISTRATIVE SERVICES 131 CLEARGOV 12/02/22 FISCAL TRANSPARENCY SOFTWARE 8,750.00 - OPEN 23000168 ADMINISTRATIVE SERVICES 131 CALTRONICS BUSINESS SYSTEMS 01/31/23 COPIES FROM THE KONIKA 12,387.32 831.18 OPEN 23000202 ADMINISTRATIVE SERVICES 131 FOSTER & FOSTER CONSULTING ACTUARIES 03/22/23 GASB 68 ACTUARIAL INFORMATION 1,950.00 - OPEN 23000203 ADMINISTRATIVE SERVICES 131 FOSTER & FOSTER CONSULTING ACTUARIES 03/22/23 CALPERS ANALYSIS 24,000.00 - OPEN 23000040 INFORMATION TECHNOLOGY 133 KNOWBE4 8/7/2022 CYBERSECURITY TRAINING 3,576.00 3,576.00 CLOSED PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000052 INFORMATION TECHNOLOGY 133 SHI INTERNATIONAL 8/20/2022 WATCHGUARD 3,690.72 3,690.72 CLOSED 23000063 INFORMATION TECHNOLOGY 133 ALVAREZ TECHNOLOGY GROUP 08/28/22 AFTER HOURS SUPPORT 15,000.00 4,050.00 OPEN 23000097 INFORMATION TECHNOLOGY 133 CITIES DIGITAL, INC 9/25/2022 DOCUMENT MANAGEMENT 39,000.00 39,000.00 CLOSED 23000114 INFORMATION TECHNOLOGY 133 PROTELESIS 10/18/22 MITEL VOIP SYSTEM MAINTENANCE 12,000.00 6,049.98 OPEN 23000120 INFORMATION TECHNOLOGY 133 SOLARWINDS 10/21/2022 ANNUAL MAINTENANCE 668.00 - OPEN 23000122 INFORMATION TECHNOLOGY 133 GEOGRAPHIC TECHNOLOGIES GROUP INC. 10/25/2022 GIS IMPLEMENTATION 25,520.00 25,520.00 CLOSED 23000123 INFORMATION TECHNOLOGY 133 ESRI, INC. 10/25/2022 ARCGIS SOFTWARE 20,500.00 20,500.00 CLOSED 23000142 INFORMATION TECHNOLOGY 133 ESRI, INC. 12/2/2022 GIS SOFTWARE RENEWAL 5,400.00 5,389.04 CLOSED 23000143 INFORMATION TECHNOLOGY 133 CDW GOVERNMENT, INC 12/2/2022 VM WARE CARBON BLACK 2,299.00 2,299.00 CLOSED 23000170 INFORMATION TECHNOLOGY 133 SHI INTERNATIONAL 1/31/2023 HPE SUPPORT 9,866.67 9,866.67 CLOSED 23000171 INFORMATION TECHNOLOGY 133 SHI INTERNATIONAL 1/31/2023 ACROBAT PRO 4,183.23 4,183.23 CLOSED 23000181 INFORMATION TECHNOLOGY 133 PEOPLE INFORMATION EARTH SERVICES 2/6/2023 GIS CONSULTING SERVICES 9,070.00 9,070.00 CLOSED 23000195 INFORMATION TECHNOLOGY 133 PEOPLE INFORMATION EARTH SERVICES 02/23/23 PARCEL VIEWER, ARCGIS, & CARTOGRAPHY 21,840.00 - OPEN 23000196 INFORMATION TECHNOLOGY 133 THE COMPUTING TECHNOLOGY 03/09/23 GOVERNMENT CIO PROGRAM 3,700.00 - OPEN 23000207 INFORMATION TECHNOLOGY 133 ESRI, INC. 03/23/23 ESRI ANNUAL TRAINING PASS 3,580.00 - OPEN 23000087 COMMUNITY DEVELOPMENT 201 RINCON CONSULTANTS, INC 09/18/22 ON CALL PEER REVIEW OF CEQA DOCS 20,000.00 296.25 OPEN 23000089 COMMUNITY DEVELOPMENT 201 BEST BEST & KRIEGER ATTORNEYS 09/18/22 ASSIST & REVIEW HOUSING POLICY 30,917.00 - OPEN 23000141 COMMUNITY DEVELOPMENT 201 REGIONAL GOVERNMENT SERVICES 11/30/2022 ON-CALL PLANNING SERVICES 39,000.00 7,015.00 CLOSED 23000192 COMMUNITY DEVELOPMENT 201 HARRIS & ASSOCIATES, INC 02/23/23 TEMPORARY JUNIOR PLANNER 39,999.00 6,670.00 OPEN 23000193 COMMUNITY DEVELOPMENT 201 GOOD CITY COMPANY 02/23/23 PLANNING SERVICES 39,000.00 1,950.00 OPEN 23000173 COMMUNITY DEVELOPMENT 202 R.L. HASTINGS & ASSOCIATES 02/01/23 ENVIRO REVIEW FOR PROJECT 5,000.00 4,400.00 OPEN 23000046 COMMUNITY DEVELOPMENT 225 TRC19-04 HR & ASSOCIATES (1) 08/13/22 ATC PLANNING SERVICES 16,075.00 5,825.00 OPEN 23000086 COMMUNITY DEVELOPMENT 225 TRC22-01 RINCON CONSULTANTS, INC (1) 09/18/22 PREPARE A REVISED STUDY & MND 39,041.25 608.00 OPEN 23000013 POLICE DEPARTMENT 301 SPCA OF MONTEREY COUNTY 07/21/22 ANIMAL SHELTER SERVICES 13,000.00 5,600.00 OPEN 23000014 POLICE DEPARTMENT 301 STAPLES CREDIT PLAN 7/20/2022 OFFICE SUPPLIES 8,141.21 8,141.21 CLOSED 23000015 POLICE DEPARTMENT 301 TRACNET CORPORATION 7/20/2022 RECORDS MANAGMENT SYSTEM 17,500.00 17,400.00 CLOSED PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000016 POLICE DEPARTMENT 301 VERIZON WIRELESS 07/21/22 WIRELESS MOBILE CONNECTION 8,000.00 4,648.10 OPEN 23000017 POLICE DEPARTMENT 301 LEXIPOL LLC 07/21/22 DEPARTMENT POLICY AND TRAINING 13,000.00 6,798.52 OPEN 23000018 POLICE DEPARTMENT 301 VERIZON BUSINESS 07/21/22 VERIZON PORT ACCESS 9,000.00 5,361.44 OPEN 23000019 POLICE DEPARTMENT 301 SPEAK WRITE BILLING DEPT 07/21/22 TRANSCRIPTION SERVICE 7,000.00 2,085.29 OPEN 23000020 POLICE DEPARTMENT 301 MPRSRU 7/20/2022 REGIONAL SPECIAL RESPONSE 5,000.00 5,000.00 CLOSED 23000021 POLICE DEPARTMENT 301 IPS GROUP, INC 07/21/22 IPS PARKING METER BANK FEES 25,000.00 12,700.92 OPEN 23000023 POLICE DEPARTMENT 301 AT&T MOBILITY 07/21/22 AT&T FIRSTNET DEPARTMENT 20,000.00 16,571.55 OPEN 23000024 POLICE DEPARTMENT 301 CORDICO INC. 07/21/22 DEPARTMENT EMPLOYEE WELLNESS 7,500.00 - OPEN 23000025 POLICE DEPARTMENT 301 ARAMARK UNIFORM & CAREER 07/21/22 DEPARTMENT LINEN AND RUG 6,000.00 4,665.18 OPEN 23000026 POLICE DEPARTMENT 301 SYSTEMS FOR PUBLIC SAFETY 07/21/22 BACKGROUND INVESTIGATIONS 5,000.00 - OPEN 23000027 POLICE DEPARTMENT 301 ANDREA M. MORELAND 07/21/22 BACKGROUND INVESTIGATIONS 5,000.00 268.72 OPEN 23000092 POLICE DEPARTMENT 301 THE FORD STORE MORGAN HILL, INC. 9/18/2022 ANIMAL CONTROL VAN 37,168.39 37,168.39 CLOSED 23000105 POLICE DEPARTMENT 301 JONES AND MAYER 09/25/22 RECORDS REVIEW FOR PRR 5,000.00 - OPEN 23000129 POLICE DEPARTMENT 301 IPS GROUP, INC 11/8/2022 IPS METERS MAINTENANCE 7,287.52 7,287.52 CLOSED 23000152 POLICE DEPARTMENT 301 LEHR AUTO ELECTRIC 12/27/22 CSO VAN EMERGENCY EQUIPMENT 20,361.14 - OPEN 23000154 POLICE DEPARTMENT 301 IPS GROUP, INC 12/27/2022 NEW PARKING METERS 18,730.24 18,730.24 CLOSED 23000157 POLICE DEPARTMENT 301 LAPIN CONSULTING INTERNATIONAL 12/29/2022 DEI TRAINING 14,000.00 13,553.16 CLOSED 23000169 POLICE DEPARTMENT 301 QUINN COMPANY 1/31/2023 EQUIPMENT RENTAL 6,659.32 6,659.32 CLOSED 23000064 POLICE DEPARTMENT 304 MARK43, INC. 08/28/22 RECORDS MANAGEMENT 29,000.00 15,380.00 OPEN 23000065 POLICE DEPARTMENT 304 AXON ENTERPRISE, INC 8/28/2022 BODY & CAR CAMERAS 38,262.80 38,262.80 CLOSED 23000066 POLICE DEPARTMENT 304 ENTERPRISE FM TRUST 08/28/22 LEASED VEHICLES 28,000.00 17,079.42 OPEN 23000099 POLICE DEPARTMENT 304 LIFTSHIFT LLC 9/25/2022 DATA MIGRATION 6,291.89 5,860.26 CLOSED 23000111 POLICE DEPARTMENT 304 MARK43, INC. 10/2/2022 ADDITIONAL MIGRATION SERV 38,900.00 38,900.00 CLOSED 23000165 POLICE DEPARTMENT 304 AMAZON CAPITAL SERVICE 1/17/2023 PD TREADMILL 4,915.16 4,915.16 CLOSED 23000205 POLICE DEPARTMENT 304 COULTER VENTURES, LLC 03/22/23 GYM EQUIPMENT FOR PD 13,271.78 - OPEN 23000068 FIRE DEPARTMENT 351 MISSION LINEN SUPPLY, INC 08/28/22 LINEN SERVICES 5,000.00 2,607.76 OPEN PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000002 LIBRARY 401 BAKER & TAYLOR COMPANIES 07/21/22 BOOKS & MATERIALS 23,500.00 12,812.48 OPEN 23000003 LIBRARY 401 BYWATER SOLUTIONS, LLC 7/20/2022 KOHA SUPPORT & HOSTING 8,166.00 8,166.00 CLOSED 23000004 LIBRARY 401 PACIFIC LIBRARY PARTNERSHIP 7/20/2022 PLP MEMBERSHIP 7,641.00 7,641.00 CLOSED 23000164 LIBRARY 401 CALIFA GROUP 1/11/2023 EBSCO DATABASE PACKAGE 7,342.87 7,342.87 CLOSED 23000006 LIBRARY 402 CHRISTINE LEONORA CROZIER 07/21/22 ART CURATION/INSTALLATION 15,000.00 10,410.00 OPEN 23000009 LIBRARY 402 GRT22-01 VANESSA K SONNICHSEN 01/31/23 MOBILE OUTREACH VEHICLE 9,165.50 - OPEN 23000191 LIBRARY 402 TOYOTA MATERIAL HANDLING 2/16/2023 GLOBAL ELECTRIC VEHICLE 24,451.46 24,451.46 CLOSED 23000083 PUBLIC WORKS 412 CIP22-04 1-888-4-ABATEMENT, INC. 09/25/22 LEAD ABATEMENT AT THE PG MUSEUM 29,295.00 27,900.00 OPEN 23000135 PUBLIC WORKS 412 CIP22-04 SIGNATURE GLASS & WINDOWS, INC 11/17/2022 WINDOW REPLACEMENT- MUSEUM 10,983.00 10,983.00 CLOSED 23000188 PUBLIC WORKS 422 CIP20-14 WILSON'S PLUMBING & HEATING, INC. 2/10/2023 YOUTH CENTER HEATER 7,211.02 7,211.02 CLOSED 23000069 PUBLIC WORKS 461 CIP21-05 CALIFORNIA JPIA 08/28/22 ADA COMPLIANCE ASSESSMENT 26,550.00 3,550.00 OPEN 23000126 PUBLIC WORKS 501 MISSION UNIFORM SERVICE 11/03/22 LINEN & UNIFORM CLEANING 20,000.00 16,011.01 OPEN 23000128 PUBLIC WORKS 501 IWORQ SYSTEMS 11/8/2022 PERMIT & CODE ENFORCEMENT SYSTEM 20,825.00 20,825.00 CLOSED 23000036 PUBLIC WORKS 503 SENTRY ALARM SYSTEMS, INC. 7/31/2022 ALARM SERVICES 19,434.00 19,434.00 CLOSED 23000039 PUBLIC WORKS 503 WLODZIMIERZ PABIAN 08/07/22 CITY HALL CLOCK TOWER ROOF 9,315.00 - OPEN 23000041 PUBLIC WORKS 503 WATSONVILLE FORD 8/10/2022 REPLACE ENGINE - B&G 56 14,486.97 13,680.36 CLOSED 23000045 PUBLIC WORKS 503 GACHINA LANDSCAPE MANAGEMENT 08/10/22 PARK MOWING SERVICE 15,351.00 11,512.89 OPEN 23000072 PUBLIC WORKS 503 BRIAN WHITSON 09/04/22 JANITORIAL SERVICE 23,100.00 17,640.00 OPEN 23000082 PUBLIC WORKS 503 TOM'S SITE SERVICES 09/11/22 PORTAPOTTY RENTAL 19,000.00 4,283.99 OPEN 23000107 PUBLIC WORKS 503 HAYWARD LUMBER COMPANY 10/2/2022 WOOD FOR CALEDONIA PLAYGROUND 7,364.11 7,364.11 CLOSED 23000132 PUBLIC WORKS 503 MONTEREY BAY PEST CONTROL 11/09/22 ANNUAL PEST CONTROL SERVICES 8,400.00 3,310.00 OPEN 23000139 PUBLIC WORKS 503 COASTAL FABRICATION COMPANY, INC 11/30/2022 MEMORIAL BENCH LEGS 5,383.13 5,383.13 CLOSED 23000172 PUBLIC WORKS 503 BARRY'S CARPET SERVICE 2/1/2023 CITY HALL CARPET CLEANING 5,530.00 5,530.00 CLOSED 23000201 PUBLIC WORKS 503 ALFREDOS CONCRETE 03/15/23 ADA RAMP @ SPRUCE AND LOCUST 13,956.00 - OPEN 23000073 PUBLIC WORKS 505 SANDWELL, INC. 9/4/2022 HEAVY DUTY BOBCAT BROOM 7,201.13 7,201.13 CLOSED 23000074 PUBLIC WORKS 505 MONTEREY PENINSULA ENGINEERING 9/4/2022 EMERGENCY STORMWATER REPAIR 6,619.78 6,619.78 CLOSED PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000118 PUBLIC WORKS 505 STRESSCRETE (2) 10/20/2022 LIGHT FIXTURES DOWNTOWN 6,585.90 6,585.90 CLOSED 23000119 PUBLIC WORKS 505 STRESSCRETE (2) 10/20/2022 LIGHT FIXTURES - DOWNTOWN 18,578.85 18,578.86 CLOSED 23000130 PUBLIC WORKS 505 INTERSTATE TRAFFIC CONTROL 11/9/2022 STREET STRIPING PAINT 5,775.51 5,755.51 CLOSED 23000163 PUBLIC WORKS 505 INTERSTATE TRAFFIC CONTROL 1/11/2023 GREEN BIKE LANE PAINT 5,481.73 5,481.73 CLOSED 23000200 PUBLIC WORKS 505 ALFREDO'S CONCRETE 03/15/23 ADA RAMP @ 14TH AND JUNIPERO 12,803.00 - OPEN 23000206 PUBLIC WORKS 508 CIP23-09 PACIFIC PRODUCTS & SERVICES 03/23/23 CITY STREET SIGN UPGRADE 20,609.43 - OPEN 23000115 PUBLIC WORKS 510 CIP22-09 DUDEK 10/21/22 GWP MANAMGENET PLAN 12,808.65 6,193.75 OPEN 23000116 PUBLIC WORKS 513 CIP22-09 CREEKSIDE CENTER FOR EARTH OBSERVATION 10/21/22 MONARCH BUTTERFLY HABITAT 10,000.00 4,000.00 OPEN 23000059 PUBLIC WORKS 622 CIP22-11 ZENDA HEATING & SHEET METAL, INC. 8/25/2022 HVAC REPLACEMENT - GOLF COURSE 23,608.00 23,608.00 CLOSED 23000058 PUBLIC WORKS 631 TRC21-02 WILLIAMS SCOTSMAN, INC (2) 08/28/22 PW TRAILER LEASE 12,000.00 11,620.49 OPEN 23000071 PUBLIC WORKS 631 TRC21-02 PACIFIC GAS & ELECTRIC 9/4/2022 PG&E UPGRADES TO POWER 17,016.73 17,016.73 CLOSED 23000166 PUBLIC WORKS 631 CIP18-46 NINA KHASHCHINA 02/02/23 POINT PINOS COASTAL TRAIL 9,800.00 - OPEN 23000187 PUBLIC WORKS 631 CIP18-46 METAL SPECIALTIES, INC. 02/10/23 COASTAL MARKET - POINT PINOS TRAIL 9,500.00 8,768.57 OPEN 23000174 PUBLIC WORKS 703 CLAREMONT BEHAVIORAL SER 02/02/23 EAP PROGRAM 3,900.00 1,944.45 OPEN 23000156 PUBLIC WORKS 741 WILSON'S PLUMBING & HEATING, INC. 12/29/2022 AC UNIT REPLACEMENT 7,133.45 7,133.45 CLOSED 23000055 PUBLIC WORKS 841 CIP23-22 BELSON OUTDOORS, INC 8/23/2022 PICNIC TABLES - CALEDONIA 11,285.28 11,285.28 CLOSED 23000081 PUBLIC WORKS 841 CIP23-19 BOWMAN CONSULTING GROUP 09/11/22 PURPLE PIPE FEASIBILITY STUDY 38,674.50 25,599.90 OPEN 23000131 PUBLIC WORKS 841 CIP22-19 V & A CONSULTING ENGINEERS, INC. 11/9/2022 FLOW MONITORING - PURPLE PIPE PROJECT 7,500.00 7,500.00 CLOSED 23000136 PUBLIC WORKS 841 CIP23-11 AIR EXCHANGE, INC 11/17/2022 RETROFIT FIRE DEPARTMENT 18,177.74 18,177.74 CLOSED 23000043 CEMETERY 601 LLORIN-VELASQUEZ CORPORATION 08/10/22 CEMETERY MARKER TRIMMING 29,150.00 23,850.00 OPEN 23000162 CEMETERY 601 JENSEN ENTERPRISES, INC 1/11/2023 CEMETERY LINERS 6,423.90 6,423.90 CLOSED 23000194 CEMETERY 601 PEOPLE INFORMATION EARTH SERVICES 02/23/23 CEMETERY GIS 1,140.00 - OPEN 23000005 SEWER 611 CALIFORNIA MARINE SANCTUARY FOUNDATION 7/20/2022 E9C WATER QUALITY MONITORING 13,441.53 13,432.53 CLOSED 23000010 SEWER 611 WALLACE GROUP 07/21/22 SSMP 5 YEAR UPDATE 19,214.00 11,763.00 OPEN 23000011 SEWER 611 MONTEREY PENINSULA ENGIN 07/21/22 EMERGENCY SEWER WORK - HI 9,142.50 7,950.00 OPEN 23000029 SEWER 611 NEILL ENGINEERS CORP. 07/29/22 ENGINEERING RETAINER - FY 12,000.00 9,000.00 OPEN PGCC 5-3-23

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Purchase Orders - Less Than $40,000
Third Quarter FY 23/24

PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION

PURCHSE

ORDER AMOUNT

YEAR TO DATE

EXPENSES STATUS
23000061 SEWER 611 MONTEREY ONE WATER - MON 08/28/22 FAT, OIL & GREASE INSPECT 15,000.00 - OPEN 23000127 SEWER 611 MONTEREY PENINSULA ENGIN 11/08/22 EMERGENCY SEWER WORK - OV 9,687.50 - OPEN 23000155 SEWER 611 STATE WATER RESOURCES CONTROL BOARD 12/28/2022 PERMIT FEES 18,372.00 18,372.00 CLOSED 23000198 SEWER 611 MONTEREY PENINSULA ENGINEERING 3/15/2023 EMERGENCY SEWER WORK 30,588.00 30,588.00 CLOSED 23000062 SEWER 612 CIP22-01 DUDEK 08/28/22 ARCHEOLOGICAL MONITORING 13,629.91 12,205.65 OPEN 23000091 SEWER 612 CIP22-01 ESSELEN TRIBE OF MONTEREY COUNTY 9/18/2022 TRIBAL MONITORING 6,876.82 6,876.82 CLOSED 23000117 SEWER 612 CIP22-03 HARRIS & ASSOCIATES, INC 10/21/22 IS/MND -PHASE 9 CIP22-03 39,940.00 36,641.48 OPEN (1) Reimbursable through developer deposits.
(2) Reimbursable as a result of an insurance claim.

PGCC 5-3-23

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Agenda No. 8 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Audrey Cray, Finance & Risk Manager
MEETING DATE: May 03, 2023
SUBJECT: Third Quarter 22/23 Workers' Compensation Report CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the report.

DISCUSSION
On November 4, 2015, the Council approved a five-year Workers’ Compensation phased refunding plan to bring the designated internal service fund into compliance with the Council’s Budget and Financial Management Policy. At that time, Staff recommended that Council receive a quarterly status report on case statistics and Workers’ Compensation Fund balances. Case statistics for the quarter ending March 31, 2023 is included in Attachment A.

The City Workers’ Compensation program is a type of insurance that provides compensation and medical care for employees who become injured during the course of their employment. The City is now a member of the California Joint Powers Insurance Authority (CJPIA). This Authority provides excess Workers’ Compensation liability coverage above the City’s self-insured retention amount of $150,000 per occurrence. Workers’ Compensation provides for: Payments in place of wages functioning as a type of disability insurance, compensation for past and future economic loss, reimbursement or payment of medical expenses, and benefits payable to the dependents of workers killed during employment functioning as a form of life insurance.

OPTIONS
N/A - Informational only.

FINANCIAL IMPACT:

There is no financial impact. This is informational only.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Third Quarter 22/23 Workers' Compensation Report
PGCC 5-3-23

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City of Pacific Grove
Third Quarter Workers’ Compensation Statistics – Fiscal Year 22/23 Projected Fund Balance
The Workers’ Compensation Internal Service Fund (ISF) is used to separately budget and account for services provided to General Fund departments, as well as Enterprise Funds. Contributions to the ISF are calculated on a cost recovery basis, with charges apportioned to City departments based on claim trends and number of participants.

The status of the internal service fund for Workers’ Compensation is provided in the tables below.

Workers’ Compensation Fund (Fund 71) Amount
Fund Balance, July 1st, 2022 $ 49,555
Revenues: Through March 31, 2023 $640,367
Expenditures: Through March 31, 2023 ($662,147)
Estimated Fund Balance, Third Quarter $27,775
Consistent with Council’s direction, the Workers’ Compensation fund ended Fiscal Year 21/22 with a positive fund balance.

The Workers’ Compensation expenditures through the third quarter of FY 22/23 represent approximately 81% of the budgeted amount. The revenues reported represent 81% of the budgeted amount; and reflect departmental contributions and excess claim refunds. The estimated ending fund balance is anticipated to be positive at the end of Fiscal Year 22/23.

Cumulative Claims Outstanding
The City meets quarterly with the City’s third-party administrator to evaluate and proactively manage claims. At the close of the third quarter, the number of outstanding claims increased by six to 44. This included an increase of three claims to the Non-Litigated/Disability or Lost Time category; an increase of one claim to the Litigated/Disability or Lost Time category; and an increase to the Non Litigated/Medical Only.

Summary of Open/Reopen Claims as of 3/31/2023
Non-Litigated Litigated Total
Future Medical 15 14 29
Disability or Lost Time 7 6 13
Medical Only 2 0 2
First Aid 0 0 0
Total Open Claims 23 21 44
PGCC 5-3-23

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New Claims – Third Quarter
In the third quarter of the Fiscal Year 22/23, there
were six new claims from the Police Department and
one new claim from Public Works. The adjacent
chart provides an overview of the claims by cause.

Although Covid 19 represents the highest number of
claims for the fiscal year to date, many of these
incidents are filed for reporting purposes only. Only
three of these claims remained open at the end of
the third quarter, however they are expected to be
closed by the end of this month.

In the third quarter of FY 22/23, the First Annual
Safety Incentive Program luncheon was held. This luncheon also included training provided by CJPIA for all attendees.

Reward recipients who submitted Safety Incentive Program criteria in 2022, received rewards as well as recognition at the luncheon. The reward recipients participated in the Safety Incentive Program by identifying hazards, reporting hazards to supervisor or Public Works; and taking additional safety training not required by our Injury and Illness Prevention Program.

Staff has almost completed work on scheduling a full calendar year of safety training opportunities provided by CJPIA.

The table listed below provides a comparison of claims over the last two fiscal years. In Fiscal Year 22/23, there are thirty fewer claims when compared to the prior Fiscal Year. This reduction is associated with the decrease of Covid Exposure claims compared to the prior Fiscal Year. Seven of the Disability/Lost Time claims are Covid 19 lost time.

New Claims by Type
Quarter to Date Year to Date
Current Year Prior Year Current Year Prior Year
New Claims Received During the Period
Disability or Lost Time 3 4 11 6
Medical 3 2 4 36
First Aid 1 1 3 6
Total Claims by Type 7 7 18 48
\
The following chart provides an overview of quarterly trends. 0 5
10 15
20 25
30 35
Q3 2020-21 Q4 2020-21 Q1 2021-22 Q2 2021-22 Q3 2021-22 Q4 2021-22 Q1 2022-23 Q2 2022-23 Q3 2022-23 Total Claims Reported by Period
First Aid Disability / Lost Time Medical Only

INJURIES BY CAUSE FISCAL YEAR TO DATE
Fall, Slip or
Trip
2 Struck by or
Injury by
Object
3 Covid 19
10 Cumulative
Injury
2 Bite (Dog)
1 INJURIES BY CAUSE FISCAL YEAR TO DATE
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Agenda No. 8 E

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: May 03, 2023
SUBJECT: Third Quarter Capital Project Budget Report & Update CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION

1. Receive the report.

2. Alternatively, discuss and take action related to this item.

DISCUSSION
In Fiscal Year 19/20, the City added capital improvement budgetary updates to the Quarterly Budget Report. In response to recommendations received from the Council Finance Reporting Subcommittee, this information is now presented in a separate report. An additional column reflecting the Adopted Budget has been added based on Council direction.

The attached files provide information on the Adopted and Amended Budgets for each capital improvement project, as well as expenditures. The Amended Budget column references projects that were approved in the last fiscal year but were not completed by June 30, 2022, as well as project budget adjustments that have been approved by the City Council.

At the time the Second Quarter Capital Project Budget Report was provided, there was a Council request to provide information by project, rather than by fund. For comparative purposes, budgetary reports have been provided in both formats. It is anticipated that the City will transition to a single Capital Project Budget Report by Project in the fourth quarter.

As of March 31, 2023, approximately 23.1% of the funds included in the Fiscal Year 22/23 Amended Budget have been expended. The CIP Update report has more details on project phases, the number of projects in each phase, and notable accomplishments achieved during the quarter.

OPTIONS
N/A
FINANCIAL IMPACT:

There is no financial impact associated with receiving this report.

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FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Third Quarter Project Report by Fund
Third Quarter Project Report by Project
Third Quarter CIP Update Report
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Project Fund Name Fund Account Project Name Adopted Budget Amended Budget Expenditures as of 03/31/23
CIP22-04 Museum Improvement 08 6021 Museum Window Replacement & Lead Abatement $ - $ 39,075 $ 39,233 CIP22-06 Museum Improvement 08 6021 Museum Roof Repair - 59,142 42,055 CIP23-07 Museum Improvement 08 6021 Museum Mezzanine Upgrades 75,000 75,000 - CIP23-08 Museum Improvement 08 6021 Museum Basement Moisture Control 40,000 40,000 1,200 08 Total $ 115,000 $ 213,217 $ 82,488
CIP22-01 Local Streets and Roads 17 6041 FY 21/22 Street Rehabilitation (1) $ - $ 236,647 $ 236,647 CIP22-02 Local Streets and Roads 17 6041 FY 21/22 Crack & Slurry Seal - 41,174 41,174 CIP23-01 Local Streets and Roads 17 6041 FY 22/23 Street Rehabilitation Project 396,304 1,015,304 CIP23-02 Local Streets and Roads 17 6041 FY 22/23 Crack & Slurry Seal 100,000 100,000 CIP23-04 Local Streets and Roads 17 6041 David Ave Street Rehabilitation (1) 400,000 300,000 11,693 17 Total $ 896,304 $ 1,693,125 $ 289,514
CIP23-09 Gas Tax 18 6041 Street Sign Upgrades $ 30,000 $ 30,000 $ - 18 Total $ 30,000 $ 30,000 $ -
CIP23-03 RSTP (TAMC) 20 6041 Cedar, Sunset, & Congress Intersection $ 1,000,000 $ 332,430 $ 171.95 20 Total $ 1,000,000 $ 332,430 $ 172
CIP20-14 Recreation Donation 25 6021 Youth Center Heater $ 7,500 $ 7,211 25 Total $ - $ 7,500 $ 7,211
CIP23-05 Lighthouse 27 6021 Point Pinos Lighthouse Roof Repair $ 60,000 $ 60,000 $ 2,050.00 27 Total $ 60,000 $ 60,000 $ 2,050
CIP22-09 Yount Income Fund 41 6031 GW Park Management Plan $ - $ 12,929 $ 6,134 41 Total $ - $ 12,929 $ 6,134
CIP21-05 Strong Disbursement 46 6021 ADA Compliance Assessment & Transition Plan $ 26,550 $ 26,550 $ - CIP22-12 Strong Disbursement 46 6021 Del Monte Blvd Storm Drain Improvements 75,524 75,524 - 46 Total $ 102,074 $ 102,074 $ -
CIP22-01 RMRA SB1 47 6041 FY 21/22 Street Rehabilitation $ - $ 250,668 $ 250,688 CIP23-01 RMRA SB1 47 6041 FY 22/23 Street Rehabilitation Project 354,138 354,138 - 47 Total $ 354,138 $ 604,806 $ 250,688
CIP18-46 Capital Improvement 63 6031 Tide Pool & Point Pinos $ 37,953 60,000 $ 8,350 CIP22-01 Capital Improvement 63 6041 FY 21/22 Street Rehabilitation - 2,562 2,562 CIP22-12 Capital Improvement 63 6054 Del Monte Blvd Storm Drain Improvements 75,000 75,000 3,596 TRC21-02 Capital Improvement 63 6021 PW Fire and Reconstruction 787,500 1,217,972 470,552 CIP23-01 Capital Improvement 63 6041 FY 22/23 Street Rehabilitation Project 300,000 300,000 147,858 CIP23-02 Capital Improvement 63 6041 FY 22/23 Crack & Slurry Seal 200,000 200,000 13,166 63 Total $ 1,400,453 $ 1,855,534 $ 646,084
Capital Improvement Project Budget Report - By Fund
Third Quarter - Fiscal Year 22/23

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Project Fund Name Fund Account Project Name Adopted Budget Amended Budget Expenditures as of 03/31/23
Capital Improvement Project Budget Report - By Fund
Third Quarter - Fiscal Year 22/23
CIP20-13 Sewer 76 6051 Main Sewer Line Imp (Ovb W/ Phase 4 Urban Diversion) $ - $ 40,000 $ 40,531 CIP22-01 Sewer 76 6051 FY 21/22 Street Rehabilitation - 273,345 272,979 CIP22-03 Sewer 76 6051 Phase 9 Sewer Improvements 850,000 1,045,106 39,672 CIP23-01 Sewer 76 6051 FY 22/23 Street Rehabilitation Project 250,000 250,000 35,875 CIP23-06 Sewer 76 6051 Pump Station Replacement 110,000 110,000 163 76 Total $ 1,210,000 $ 1,718,451 $ 389,219
CIP22-11 Golf Course 77 6021 Golf Course Clubhouse HVAC Replacement $ - $ 23,608 $ 23,608 77 Total $ - $ 23,608 $ 23,608
CIP22-12 ARPA 84 6021 Del Monte Blvd Storm Drain Improvements $ - $ 132,351 $ - CIP22-21 ARPA 84 6031 GW Park Playground & ADA Compliant Playground - 25,000 - CIP22-17 ARPA 84 6031 Caledonia Park Children'S Picnic Area - 6,173 6,173 CIP23-10 ARPA 84 6021 Fire Station Roof Repair 35,000 35,000 - CIP23-11 ARPA 84 6021 Fire Dept. Exhaust System/HVAC & Filtration Cleaning 20,000 20,000 18,178 CIP23-12 ARPA 84 6021 Fire Dept. Bathroom & Shower Remodel 50,000 50,000 1,700 CIP23-13 ARPA 84 6021 Chautauqua Hall Bathroom Repairs 27,000 27,000 - CIP23-14 ARPA 84 6021 Chautauqua Hall Main Roof Repairs 54,000 54,000 163 CIP23-15 ARPA 84 6021 Crespi Pond Bathroom Replacement 50,000 50,000 - CIP23-16 ARPA 84 6041 Wig-Wag Lights At Robert Down School 20,000 20,000 - CIP23-17 ARPA 84 6021 Chautauqua Hall Preservation Plan 25,000 - - CIP23-18 ARPA 84 6021 City Hall Roof Repair 80,000 80,000 - CIP23-19 ARPA 84 6031 Purple Pipe Project 120,000 38,675 27,561 CIP23-20 ARPA 84 6031 Skate Park 158,000 158,000 4,441
CIP23-21 ARPA 84 6041 David Ave Sidewalk 360,000 360,000 4,708 CIP23-22 ARPA 84 6031 Recreation Board's Park Inventory 50,000 50,000 5,112 84 Total $ 1,049,000 $ 1,106,199 $ 68,035
CIP22-13 McIndoo Donation 92 6031 Backstop Replacement Municipal Ball Park $ 17,529 $ 17,529 $ - 92 Total $ 17,529 $ 17,529 -
CIP22-10 Koo Estate Donation 93 6031 Lovers' Point Pier Repair $ - $ 63,429 $ 47,599 CIP22-13 Koo Estate Donation 93 6031 Backstop Replacement Municipal Ball Park 7,000 7,000 - 93 Total $ 7,000 $ 70,429 $ 47,599
Grand Total $ 6,241,498 $ 7,847,831 $ 1,812,802
Percentage Expended 23.1%
(1) A budget amendment is pending to reinstate funds that were omitted at mid-year from the Fiscal Year 21/22 Street Rehabilitiation Project; and realign the year-end estimate for the David Ave. Rehabilitation Project

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Project Fund Name Fund Account Project Name Adopted Budget Amended Budget Expenditures as of 03/31/23
CIP18-46 Capital Improvement 63 6031 Tide Pool & Point Pinos $ 37,953 60,000 $ 8,350 CIP18-46 Total $ 37,953 60,000 $ 8,350
CIP20-13 Sewer 76 6051 Main Sewer Line Imp (Ovb W/ Phase 4 Urban Diversion) $ - $ 40,000 $ 40,531 CIP20-13 Total $ - $ 40,000 $ 40,531
CIP20-14 Recreation Donation 25 6021 Youth Center Heater $ 7,500 $ 7,211.02 CIP20-14 Total $ - $ 7,500 $ 7,211
CIP21-05 Strong Disbursement 46 6021 ADA Compliance Assessment & Transition Plan $ 26,550 $ 26,550 $ - CIP21-05 Total $ 26,550 $ 26,550 $ -
CIP22-01 Local Streets and Roads 17 6041 FY 21/22 Street Rehabilitation (1) $ - $ 236,647 $ 236,647 CIP22-01 RMRA SB1 47 6041 FY 21/22 Street Rehabilitation - 250,668 250,688 CIP22-01 Capital Improvement 63 6041 FY 21/22 Street Rehabilitation - 2,562 2,562 CIP22-01 Sewer 76 6051 FY 21/22 Street Rehabilitation - 273,345 272,979 CIP22-01 Total $ - $ 763,222 $ 762,876
CIP22-02 Local Streets and Roads 17 6041 FY 21/22 Crack & Slurry Seal $ - $ 41,174 $ 41,174 CIP22-02 Total $ - $ 41,174 $ 41,174
CIP22-03 Sewer 76 6051 Phase 9 Sewer Improvements $ 850,000 $ 1,045,106 $ 39,672 CIP22-03 Total $ 850,000 $ 1,045,106 $ 39,672
CIP22-04 Museum Improvement 08 6021 Museum Window Replacement & Lead Abatement $ - $ 39,075 $ 39,233 CIP22-04 Total $ - $ 39,075 $ 39,233
CIP22-06 Museum Improvement 08 6021 Museum Roof Repair - 59,142 42,055 CIP22-06 Total $ - $ 59,142 $ 42,055
CIP22-09 Yount Income Fund 41 6031 GW Park Management Plan $ - $ 12,929 $ 6,134 CIP22-09 Total $ - $ 12,929 $ 6,134
CIP22-10 Koo Estate Donation 93 6031 Lovers' Point Pier Repair $ - $ 63,429 $ 47,599 CIP22-10 Total $ - $ 63,429 $ 47,599
CIP22-11 Golf Course 77 6021 Golf Course Clubhouse HVAC Replacement $ - $ 23,608 $ 23,608 CIP22-11 Total $ - $ 23,608 $ 23,608
CIP22-12 Strong Disbursement 46 6021 Del Monte Blvd Storm Drain Improvements $ 75,524 $ 75,524 $ - CIP22-12 Capital Improvement 63 6054 Del Monte Blvd Storm Drain Improvements 75,000 75,000 3,596 CIP22-12 ARPA 84 6021 Del Monte Blvd Storm Drain Improvements - 132,351 - CIP22-12 Total $ 150,524 $ 282,875 $ 3,596
CIP22-13 McIndoo Donation 92 6031 Backstop Replacement Municipal Ball Park $ 17,529 $ 17,529 $ - CIP22-13 Koo Estate Donation 93 6031 Backstop Replacement Municipal Ball Park 7,000 7,000 - CIP22-13 Total $ 24,529 $ 24,529 $ -
CIP22-17 ARPA 84 6031 Caledonia Park Children'S Picnic Area $ - $ 6,173 $ 6,173 CIP22-17 Total $ - $ 6,173 $ 6,173
CIP22-21 ARPA 84 6031 GW Park Playground & ADA Compliant Playground $ - $ 25,000 $ - CIP22-21 Total $ - $ 25,000 $ -
Capital Improvement Project Budget Report - By Project
Third Quarter - Fiscal Year 22/23

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Project Fund Name Fund Account Project Name Adopted Budget Amended Budget Expenditures as of 03/31/23
Capital Improvement Project Budget Report - By Project
Third Quarter - Fiscal Year 22/23
CIP23-01 Local Streets and Roads 17 6041 FY 22/23 Street Rehabilitation Project $ 396,304 $ 1,015,304 CIP23-01 RMRA SB1 47 6041 FY 22/23 Street Rehabilitation Project 354,138 354,138 - CIP23-01 Capital Improvement 63 6041 FY 22/23 Street Rehabilitation Project 300,000 300,000 147,858 CIP23-01 Sewer 76 6051 FY 22/23 Street Rehabilitation Project 250,000 250,000 35,875 CIP23-01 Total $ 1,300,442 $ 1,919,442 $ 183,733
CIP23-02 Local Streets and Roads 17 6041 FY 22/23 Crack & Slurry Seal $ 100,000 $ 100,000 CIP23-02 Capital Improvement 63 6041 FY 22/23 Crack & Slurry Seal 200,000 200,000 13,166 CIP23-02 Total $ 300,000 $ 300,000 $ 13,166
CIP23-03 RSTP (TAMC) 20 6041 Cedar, Sunset, & Congress Intersection $ 1,000,000 $ 332,430 $ 172 CIP23-03 Total $ 1,000,000 $ 332,430 $ 172
CIP23-04 Local Streets and Roads 17 6041 David Avenue Street Rehabilitation (1) $ 400,000 $ 300,000 $ 11,693 CIP23-04 Total $ 400,000 $ 300,000 $ 11,693
CIP23-05 Lighthouse 27 6021 Point Pinos Lighthouse Roof Repair $ 60,000 $ 60,000 $ 2,050 CIP23-05 Total $ 60,000 $ 60,000 $ 2,050
CIP23-06 Sewer 76 6051 Pump Station Replacement $ 110,000 $ 110,000 $ 163 CIP23-06 Total $ 110,000 $ 110,000 $ 163
CIP23-07 Museum Improvement 08 6021 Museum Mezzanine Upgrades $ 75,000 $ 75,000 $ - CIP23-07 Total $ 75,000 $ 75,000 $ -
CIP23-08 Museum Improvement 08 6021 Museum Basement Moisture Control $ 40,000 $ 40,000 $ 1,200 CIP23-08 Total $ 40,000 $ 40,000 $ 1,200
CIP23-09 Gas Tax 18 6041 Street Sign Upgrades $ 30,000 $ 30,000 $ - CIP23-09 Total $ 30,000 $ 30,000 $ -
CIP23-10 ARPA 84 6021 Fire Station Roof Repair $ 35,000 $ 35,000 $ - CIP23-10 Total $ 35,000 $ 35,000 $ -
CIP23-11 ARPA 84 6021 Fire Dept. Exhaust System/HVAC & Filtration Cleaning $ 20,000 $ 20,000 $ 18,178 CIP23-11 Total $ 20,000 $ 20,000 $ 18,178
CIP23-12 ARPA 84 6021 Fire Dept. Bathroom & Shower Remodel $ 50,000 $ 50,000 $ 1,700 CIP23-12 Total $ 50,000 $ 50,000 $ 1,700
CIP23-13 ARPA 84 6021 Chautauqua Hall Bathroom Repairs $ 27,000 $ 27,000 $ - CIP23-13 Total $ 27,000 $ 27,000 $ -
CIP23-14 ARPA 84 6021 Chautauqua Hall Main Roof Repairs $ 54,000 $ 54,000 $ 163 CIP23-14 Total $ 54,000 $ 54,000 $ 163
CIP23-15 ARPA 84 6021 Crespi Pond Bathroom Replacement $ 50,000 $ 50,000 $ - CIP23-15 Total $ 50,000 $ 50,000 $ -
CIP23-16 ARPA 84 6041 Wig-Wag Lights At Robert Down School $ 20,000 $ 20,000 $ - CIP23-16 Total $ 20,000 $ 20,000 $ -
CIP23-17 ARPA 84 6021 Chautauqua Hall Preservation Plan $ 25,000 $ - $ - CIP23-17 Total $ 25,000 $ - $ -
CIP23-18 ARPA 84 6021 City Hall Roof Repair $ 80,000 $ 80,000 $ - CIP23-18 Total $ 80,000 $ 80,000 $ -

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Project Fund Name Fund Account Project Name Adopted Budget Amended Budget Expenditures as of 03/31/23
Capital Improvement Project Budget Report - By Project
Third Quarter - Fiscal Year 22/23
CIP23-19 ARPA 84 6031 Purple Pipe Project $ 120,000 $ 38,675 $ 27,561 CIP23-19 Total $ 120,000 $ 38,675 $ 27,561
CIP23-20 ARPA 84 6031 Skate Park $ 158,000 $ 158,000 $ 4,441 CIP23-20 Total $ 158,000 $ 158,000 $ 4,441
CIP23-21 ARPA 84 6041 David Ave Sidewalk $ 360,000 $ 360,000 $ 4,708 CIP23-21 Total $ 360,000 $ 360,000 $ 4,708
CIP23-22 ARPA 84 6031 Recreation Board's Park Inventory $ 50,000 $ 50,000 $ 5,112 CIP23-22 Total $ 50,000 $ 50,000 $ 5,112
TRC21-02 Capital Improvement 63 6021 PW Fire and Reconstruction $ 787,500 $ 1,217,972 $ 470,552 TRC21-02 Total $ 787,500 $ 1,217,972 $ 470,552
Grand Total $ 6,241,498 $ 7,847,831 $ 1,812,802
Percentage Expended 23.1%
(1) A budget amendment is pending to reinstate funds that were omitted at mid-year from the Fiscal Year 21/22 Street Rehabilitiation Project; and realign the year-end estimate for the David Ave. Rehabilitation Project

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FY22/23 Q3
Capital Improvement Project (CIP) Update
This report provides an update on the City’s 39 CIP projects.

PROJECT PHASE* Q2 Status Q3 Status
Project Development 15 12
RFP/Bids 6 5
Contract 1 2
Construction/Work in Progress 12 7
Complete 5 13
*Definitions of project phases can be found below.

Throughout the fiscal year, staff works diligently on executing the CIP. Successfully completing a project generally requires progression through the following project phases. Below is an update on notable project accomplishments for the current quarter.

Notable Q2 Accomplishment
Project Development Phase
The project development phase is the starting phase for each project. It requires determination of vital project details in anticipation of the RFP/bid phase. This often requires engineering, development of specifications and/or construction drawings and plans.

Notable Quarterly Accomplishments for the Project Development Phase:
• Release of an Initial Study/Mitigated Negative Declaration for the Phase 9 Sewer Improvement Project; in circulation for the month of April • Exploration of the historic significance of Crespi Pond Bathroom • Initial Historic Screening before the Historic Resources Committee (HRC) on 4/26 • Completion of the design of the Fire Station Bathroom & Shower Remodel Project • This project will be put out to bid in the near future • Internal review of the Lovers Point Pier Repair Project conditions assessment and interim repair design
• Being brought forth to the City Council’s May 17th Meeting RFP/Bid Phase.

This phase requires solicitation and review of proposals/bids, as well as a selection of a consultant or contractor to provide the specific commodity or service within the parameters outlined in the Pacific Grove Municipal Code.

Notable Quarterly Accomplishments for the Bids/RPS Phase:
• Held panel interviews for the intersection safety improvements project on State Route 68 at the Cedar St, Congress Ave, and Sunset Dr.
• Anticipated to be brought forward to Council for authorization of an agreement in May
• Reviewed proposals received for Pump Station 15.5 Replacement Project RFP • Anticipated to be brought forward to Council for authorization of an agreement in May/June
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• Reviewed proposals submissions for the George Washington Park play equipment project RFP
• Options to be brought forth to the Recreation Board at their 4/27 meeting for input and subsequently, City Council
• RFP for Backstop Replacement at the Municipal Ball Field being drafted. Anticipated to be released in May.
• Quotes received for Chataqua Hall preservation plan; project to move into the contract phase (within the City Manager’s spending authority)
Contract Phase
The contract phase ensures the City has legally binding agreements with the entities performing work.

This phase also requires City Council authorization of agreements over $40,000.

Notable Quarterly Accomplishments for projects in the Contract Phase:
• Contract executed for FY22/23 Street Rehabilitation Project (Base Bid & Bid Additive 1) • Request for award of contract for Bid Additive 2 to go before the City Council on 5/3
• Construction phase to commence in May
Construction/Work in Progress.

This phase of the project often includes street closures and ground disturbance to install new infrastructure and/or repair existing infrastructure. CIP projects are not solely limited to traditional construction projects, the City has several essential projects that are more inconspicuous. Examples include interior improvements to city facilities and preparation of environmental documents or plan sets for multiyear infrastructure projects. In the latter scenario, the first year of funding is often designated solely for design or environmental document preparation, and subsequent years for construction.

Notable Quarterly Accomplishments for projects in the Bids/RPS Phase:
• Completion of the Del Monte Blvd Storm Drain Project
• Completion of the Chataqua Hall Main Roof Repairs Project • Completion of repairs to the Fire Station Roof
• Completion of the Roof Repair Project at the Pacific Grove Museum of Natural History. • Construction of the Public Works Fire Repair Project continues. Permanent electrical repairs are underway; warehouse construction and admin office repairs 95% complete.

Other Relevant CIP Updates
This section provides relevant updates on CIP projects and administration. • Update of the capital projects module in the City’s new Transparency Software with new quarterly information is underway
• Information can be found at www.cityofpg.org/finance
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Agenda No. 9 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: May 03, 2023
SUBJECT: FY22/23 Crack & Slurry Seal
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
Authorize an agreement with Graham Contractors for the FY22/23 Crack and Slurry Seal Project in an amount not to exceed $319,139 plus a 5% contingency;

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
In 2019, the city completed a Pavement Management Program (PMP) assessing all 66.7 centerline miles that comprises the city’s road network. The PMP is used as a vital tool to help maintain and rehabilitate the pavement network.

The pavement network is managed by harnessing several pavement treatments. Pavement treatments range from full road reconstructions and overlays to maintenance treatments like crack and slurry seals; each has an appropriate application. Crack and slurry seal treatments are a vital aspect of the city’s pavement maintenance activities. These treatments are utilized to prevent rapid pavement deterioration and potholes due to inclement weather.

The PMP was used to identify approximately 630,000 SF of street surface to be crack and slurry sealed at various locations as part of the approved FY22/23 Capital Improvement Plan (CIP) project, the FY22/23 Crack and Slurry Seal.

A call for bids was issued on March 6, 2022. 6 bids were received.

Contractor Bid Amount
Graham Contractors $319,139
Sierra Nevada Construction $350,007
VSS International $357,116
Pavement Coatings $358,905.50
Dryco Construction $378,254
Northwest Paving $478,869
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Graham Contractors Inc. has qualified as the lowest responsible bidder. Graham Contractors has successfully completed crack and slurry seal maintenance treatments for the city in previous years.

The scope of work for this project includes crack sealing, removal of existing road striping and markings, and application of slurry seal and thermoplastic road markings and striping.

OPTIONS
Do not authorize the agreement. Failure to authorize the contract will hinder the City's ability to meet Maintenance of Effort (MOE) requirements in order to be eligible for continued Measure X and Senate Bill 1 funding.

1. 2. Provide alternate direcation.

FINANCIAL IMPACT:

As part of the FY22/23 CIP, the Crack and Slurry Seal project was originally approved with a $300,000 budget, with $200,000 being derived from the General Fund and $100,000 from Measure X.

Competitive bids came in higher than the allocated budget. Increasing pricing is in large part due to inflation costs and the booming construction industry. To fund the full project, which includes this construction contract and associated engineering costs, a budget adjustment was brought forth to the City Council to allocate $65,000 of Road Maintenance & Rehabilitation (RMRA)/SB1 Funding. The first read of the budget adjustment was approved by the City Council on April 19, 2022, the second read is on tonight’s agenda. Approval of this allocation will bring the total project budget up to $365,000.

FOCUSED PRIORITY AREA: Infrastructure
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Agenda No. 9 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Mohammed Khasimi, Chief Information Officer
MEETING DATE: May 03, 2023
SUBJECT: Microsoft Enterprise Software License Agreement CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize the Mayor to execute a 3-year agreement with Dell / Microsoft for Microsoft Enterprise Software Licensing through Riverside County Master Agreement, in the amount of approximately $25,000 annually

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
The City contracted with LiftOff, a Microsoft authorized licensing partner, for the purchase of Microsoft 365 software licenses. The last contract term ended on 3/10/23. Microsoft software licenses are used by City staff and City Council members for e-mail communication, digital content storage, virtual meetings, etc.

Staff recommends switching to Microsoft Enterprise Agreement (EA) for our Microsoft software licensing needs, which is offered through Dell via Riverside County Master Agreement, for the following reasons:

Lower cost - Licensing cost with EA and volume discount is 20% less when compared to purchasing them from LiftOff. LiftOff's quote is attached for comparison.

1. Better streamlined access for managing licensing - All Microsoft licenses can be managed centrally through the Microsoft Licensing portal.

2. 3. Access to more products - Larger catalog of Microsoft products available through EA.

Dell is a reseller of Microsoft Enterprise licenses through Riverside County's Master Agreement. Dell has many cities and counties as their Microsoft EA customers via the Riverside contract, such as, City of Monterey, City of Morgan Hill, City of Gilroy, City of Sacramento, LA county, and the City of Long Beach, just to name a few.

Quote and agreement documents are attached. City's annual renewal of Microsoft licenses with LiftOff is due by May 20th, 2023; and Microsoft's processing time on new EA customers is about 2 weeks.

Therefore, this is time-sensitive.

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OPTIONS

1. Do not authorize. Staff will continue to use LiftOff for purchasing Microsoft software licenses.

2. Provide an alternate direction.

FINANCIAL IMPACT:

Funding for this expenditure is included within the adopted FY 22-23 budget; funding for the next two fiscal years will be included within the proposed FY 23-24 and FY 24-25 budgets for City Council consideration. If this expenditure is authorized, the City will save approximately $6,500 annually in Microsoft software licensing costs.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Dell's Quotation for Microsoft licenses renewal on EA
Riverside County Microsoft Enterprise Agreement fully signed with amendment Microsoft EA Enrollment Form
Microsoft EA Product Selection Form
Microsoft W29 Sub-250 Amendment
Microsoft EA Signature Form
LiftOff's Quotation for Microsoft licenses renewal - for comparison City Attorney's Comments
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Sam Andrews
[email protected]
512.720.4469
Customer: City of Pacific Grove
Contract: Riverside County Master Agreement - PSA-0001524 (8084445) Date of Issue: 4/10/2023 Microsoft Enterprise Agreement (EA) #: TBD/ Future (effective 6/1/23) Quote Expires: 5/31/2023 Product Description Mfg# Quantity Months Unit Price Ext. Price Enterprise Online Services Products
O365GCCE3 ShrdSvr ALNG SubsVL MVL PerUsr AAA-11894 78 12 $20.13 $18,841.68 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr U4S-00002 7 12 $7.61 $639.24 Additional Online Services Products
AzureActiveDrctryPremP2GCC ShrdSvr ALNG SubsVL MVL PerUsr MQN-00001 1 12 $6.70 $80.40 ExchgOnlnKioskGCC ShrdSvr ALNG SubsVL MVL PerUsr 3PS-00001 1 12 $1.75 $21.00 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr 4ES-00001 56 12 $2.31 $1,552.32 O365GCCF3 ShrdSvr ALNG SubsVL MVL PerUsr 3KS-00001 50 12 $2.98 $1,788.00 VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr P3U-00001 1 12 $11.17 $134.04 Audio Conferencing Select Dial Out GCC Sub Add-on (now free) NYH-00001 135 12 $0.00 $0.00 Project Plan 1 GCC Sub Per User PF1-00002 1 12 $7.45 $89.40 Defender Endpoint GCC Sub Per User 7KB-00001 30 12 $4.40 $1,584.00 Defender for Endpoint Server GCC (must buy within Azure portal now) Azure Monetary Commitment Provision (Azure-Commercial cloud, $0.00 tenant provisioning SKU) AAA-35418 1 12 $0.00 $0.00
Annual Payment: $24,730.08
Notes: Total Annual Payment Yr 1 $24,730.08
Microsoft Enterprise Agreement (EA) Master#: 8084445 Total Annual Payment Yr 2 $24,730.08 Riverside County Microsoft EA contract vehicle Total Annual Payment Yr 3 $24,730.08 Total of 3 years of Payments $74,190.24
Monthly Subscriptions
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EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10
Document X20-10635
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) Framework ID (if applicable)
Previous Enrollment number
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.

This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.

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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.

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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.

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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders.

Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.

Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The thirdyear true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate PGCC 5-3-23

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may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.

4. Payment terms.

For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. . The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.

5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.

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Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.

For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply PGCC 5-3-23

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to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

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Enrollment Details

1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:

Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):

Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:

b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates

2. Contact information.

Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Pacific Grove Contact name* First Mohammed Last Khasimi
Contact email address* [email protected]
Street address* 300 Forest Ave.

City* Pacific Grove
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State* CA
Postal code* 93950-3321
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* (831) 648-3170
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order.

Same as primary contact (default if no information is provided below, even if the box is not checked).

Contact name* First Last
Contact email address*
Street address*
City*
State*
Postal code* -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone*
Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:

Reseller company name* Dell Inc.

Street address (PO boxes will not be accepted)* One Dell Way City* Round Rock
State* TX
Postal code* 78682
Country* United States
Contact name* Government Contract Admin
Phone* 847-465-3700
Contact email address* [email protected]
* indicates required fields
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By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.

Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact

3. Financing elections.

Is a purchase under this Enrollment being financed through MS Financing? Yes, No.

If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.

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Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Language:

Qualified Devices Qualified Users
85 85
O365 G3 GCC 78
Office 365 Plans
Products Enterprise Quantity
O365 G1 GCC 7
Quantity
Enrolled Affiliate’s Price Level:

Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D
Proposal ID
1314531.003
Enrollment Number
Enrolled Affiliate’s Enterprise Products and Enterprise Online Services summary for the initial order:
0 0
English (United States)
Profile
Enterprise User Licenses
Device / User Ratio CAL Licensing Model

1.0 Enrolled Affiliate’s Product Quantities:

Price Group 1 2 3 4
Enterprise Products Office Professional Plus + M365 Apps for Enterprise + Office 365 (Plans E3
and E5) + Microsoft 365 Enterprise
Client Access
License + Office 365
(Plans E1, E3 and
E5) + Microsoft 365
Enterprise
Client Access
License + Windows
Intune + EMS USL +
Microsoft 365
Enterprise
Win E3 + Win E5 +
Win VDA + Microsoft
365 Enterprise
78 85
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D
EA-EASProdSelForm(WW)(ENG)

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MS Quote
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Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level “A” throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling.

Notes
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below:

Quantity of Licenses and Software Assurance Price Level 2,399 and below A
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. 2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
EA-EASProdSelForm(WW)(ENG)

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MS Quote
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EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O

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Enterprise
Sub 250 Program
Amendment ID W29
Enrollment Number
This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.

The parties agree that the Enrollment is amended as follows:

1. On the first page of the Enrollment, the following is added after the second paragraph:

By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee.

The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement.

2. Section 2a of the Enrollment titled “Order Requirements”, is hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of 25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. (v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services.

3. Software Assurance renewal.

Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box.

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EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O

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By checking the above box, a new section is added to the Enrollment entitled “Software Assurance Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License.

Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect.

Program License ID Number Expiration Date
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control.

This Amendment must be attached to a signature form to be valid.

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ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Program Signature Form
MBA/MBSA number
Agreement number 8084445
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
Enterprise Enrollment X20-10635
<Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Product Selection Form 1314531.003
Document Description Document Number or Code
Sub 250 Program Amendment W29 (New)
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)* City of Pacific Grove Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
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ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date (date Microsoft Affiliate countersigns)
Agreement Effective Date (may be different than Microsoft’s signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
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City of Pacific Grove, CA
300 Forest Ave.

Pacific Grove, CA 93950
Ship to:

City of Pacific Grove, CA
300 Forest Ave.

Pacific Grove, CA 93950
Reseller (Remit To):

LiftOff LLC
Attn: Ron Braatz
1667 Patrice Circle
Crofton, MD 21114
Terms:

Due on Receipt
Payment Options:

ACH Payment (preferred) or check
Quote Description
G SKU Item Name Part Number Term in
Months
Price/User/
Month
Licenses Cost/Year
Office 365 Plan G3 AAA-11894 12 23.00 78 $21,528.00
Office 365 Plan G1 U4S-00002 12 10.00 10 $1,200.00
Exchange Online Plan 1 3MS-00001 12 4.00 5 $240.00
Exchange Online Kiosk 3PS-00001 12 2.00 1 $24.00
ExchangeOnlineArchiving 4ES-00001 12 3.00 61 $2,196.00
Visio Online Plan 2 P3U-00001 12 15.00 1 $180.00
Office 365 Plan F3 3KS-00001 12 4.00 50 $2,400.00
Audio Conference GCC NYH-00001 12 - 78 -
Azure AD Prem P2 MQN-00001 12 8.50 1 $102.00
Teams AC w Dial Out NYH-00001 12 - 78 -
Defender for Endpoint 7KB-00001 12 5.60 30 $2,016.00
Defender for O365 P1 3GU-00001 12 2.00 30 $720.00
Defender for Endpoint
Server 7JI-00001 12 5.60 10 $672.00
LiftOff Licensing Benefits - - - - INCLUDED
Total: $31,278.00
*LIFTOFF LICENSING BENEFITS: As a valued licensing customer, LiftOff offers you a range of free, ongoing services to your organization. This includes: Access to our library of Office 365 Admin best practice documents, our library of end-user training videos, AD Connect support including reinstallations and troubleshooting, invitations to our Office 365 Security webinars and access to the PGCC 5-3-23

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© 2023 LiftOff, LLC. All Rights Reserved
www.LiftoffOnline.com
recordings, limited free consultations on implementation processes like the "Office Deployment Tool", annual Office 365 health check-ups and security check-ups, and support for compliance/retention features including ongoing training to staff that need to conduct compliance retention searches.

Pricing Information:
• All prices are displayed in United States Dollars.
• Product and pricing data are updated frequently and may change without notice. • Pricing valid for 14 days
• License orders are paid up front, are non-refundable, and are one-year licenses that renew each year. • License reductions, upgrades, or cancellations may only occur at the annual renewal date.

In order to proceed, send a Purchase Order to [email protected]. Once we have the Purchase Order, we will order the licenses from Microsoft. We will immediately invoice the full amount when we place the order.

Customer Terms for Cloud Services Agreement
US Public Sector
This agreement is between LiftOff LLC (“we”, “us”, and “our”) and City of Pacific Grove, CA (“you” and “your”). It is effective when we accept it. Key terms are defined in § 8.

1. General.

Right to use. You may access and use Office 365, and install and use a Client (if any) included with your Subscription, only as described in this agreement. All other rights are reserved.

Acceptable use. You will use Office 365 only per the AUP. You will not use Office 365 in any way that infringes a third party’s patent, copyright, or trademark or misappropriates its trade secret. You may not reverse engineer, decompile, work around technical limits in, or disassemble Office 365, except if applicable law permits despite this limit. You may not rent, lease, lend, resell, transfer, or host Office 365 to or for third parties.

Compliance. You will comply with all laws and regulations applicable to your use of Office 365. In providing Office 365, we and our Providers will comply with all laws and regulations (including applicable security breach notification law) that generally apply to IT service providers. You will obtain any consents required: (1) to allow you to access, monitor, use, and disclose user data; and (2) for us to provide Office 365. If you are an educational institution, you will obtain any parental consent for end users’ use of Office 365 as required by applicable law.

Customer Data. Customer Data is used only to provide you Office 365. This use may include troubleshooting to prevent, find and fix problems with Office 365’s operation. It may also include improving features for finding and protecting against threats to users. Neither we nor our Providers will derive information from Customer Data for any advertising or other commercial purposes. We will enable you to keep Customer Data separate from consumer services. Customer Data will not be disclosed unless required by law or allowed by this agreement. Your contact information may be provided so that a requestor can contact you. If law requires disclosure, we will use commercially reasonable efforts to notify you, if permitted. Customer Data may be transferred to, and stored and processed in, any country we or our Providers maintain facilities, unless you provision your tenant in the United States, If you do, Microsoft will provide Office 365 from data centers in the United States, PGCC 5-3-23

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© 2023 LiftOff, LLC. All Rights Reserved
www.LiftoffOnline.com
and storage of the following customer data at rest will be located in data centers only in the United States: (i) Exchange Online mailbox content (e-mail body, calendar entries, and the content of e-mail attachments), and (ii) SharePoint Online site content and the files stored within that site.

Changes. Office 365 may be changed periodically, after which you may need to agree to new terms. You may be required to run a client software upgrade on devices using Office 365 after a change to maintain full functionality.

Use rights. Use rights specific to Office 365 are posted online at the link to the AUP.

2. Confidentiality and Security.

We and our Providers will (a) maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction and (b) not disclose Customer Data, except as required by law or expressly allowed. Neither party will make any public statement about this agreement’s terms without the other’s prior written consent.

3. Term, Termination, and Suspension.

Term and termination. This agreement will remain in effect for three years subject to your right under applicable law to terminate for convenience.

Customer Data. You may extract Customer Data at any time. If your Subscription expires or terminates, we will keep your Customer Data in a limited account for at least 90 days so you may extract it. We may delete your Customer Data after that.

Regulatory. If a government rule or regulation applies to us or our Providers, but not generally to other businesses, and makes it difficult to operate Office 365 without change, or we or our Providers believe this agreement or Office 365 may conflict with the rule or regulation, we may change Office 365 or terminate the agreement. If we change Office 365 to come into compliance, and you do not like the change, you may terminate.

Suspension. We may suspend use of Office 365: (1) if reasonably needed to prevent unauthorized Customer Data access; (2) if you do not promptly respond under §5 to intellectual property claims; or (3) for non-payment; or (4) if you violate the AUP. A suspension will be in effect only while the condition or need exists and, if under clause (1) or (2), will apply to the minimum extent necessary. We will notify you before we suspend, unless doing so may increase damages. We will notify you at least 30 days before suspending for nonpayment. If you do not fully address the reasons for suspension within 60 days after we suspend, we may terminate your Subscription.

4. Limited warranty; disclaimer.

We warrant that Office 365 will meet the SLA terms during the Subscription; your only remedy for breach of warranty is stated in the SLA. We provide no (and disclaim to the extent permitted by law any) other warranties, express, implied, or statutory, including warranties of merchantability or fitness for a particular purpose.

5. Duty to protect.

Defense. We or our Providers will defend you against any claims made by an unaffiliated third party that Office 365 infringes its patent, copyright, or trademark or misappropriates its trade secret.

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© 2023 LiftOff, LLC. All Rights Reserved
www.LiftoffOnline.com
Remedies. If we or our Providers reasonably believe that a claim under §5 may bar your use of Office 365, we or our Providers will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent and notify you to stop use of the prior version. If these options are not commercially reasonable, we or our Providers may terminate your rights to Office 365 and refund any payments for unused Subscription rights.

Other obligations. To the extent permitted by law, you will (1) notify us promptly of a claim under this §5 and (2) allow us or our Providers to assist in your defense or settlement. You will provide reasonable help to defend. We or our Providers will reimburse you for reasonable out-of-pocket expenses incurred in giving that help and pay the amount of any resulting adverse final judgment (or settlement the protecting party consents to). Neither we nor our Providers will be bound by any settlement to which we do not agree in writing, this § 5 provides the exclusive remedy for these claims.

Limits. The obligations of us and our Providers in this §5 won’t apply to a claim or award based on: (1) Customer Data; (2) software not provided by us or our Providers; (3) modifications you make to Office 365, or materials you provide or make available as part of using Office 365; (4) your combination of Office 365 with, or damages based on the value of, a product, data, or business process not provided by us or our Providers; or (5) your use of a Microsoft trademark without their express, written consent, or your use of Office 365 after being notified to stop due to a third-party claim.

6. Limited liability.

Each party’s (and our Providers’) maximum aggregate liability for any claim related to this agreement is limited to direct damages up to the fees that you paid for Office 365 during the 12 months before the claim arose (or $5,000.00 if you paid no fees). Neither party nor our Providers will be liable for lost revenues or indirect, special, incidental, consequential, punitive, or exemplary damages, even if the party knew they were possible. The limits and exclusions in this §6 apply to the extent permitted by law, but do not apply to (1) obligations under §5; or (2) intellectual property infringement or misappropriation.

7. Agreement mechanics.

You must send notice by regular mail, return receipt requested, to the address on the Portal (effective when delivered). We may email notice to your account administrators (effective when sent). You may not assign this agreement, or any right or duty under it. If part of this agreement is held unenforceable, the rest remains in force. Failure to enforce this agreement is not a waiver. The parties are independent contractors. This agreement does not create an agency, partnership, or joint venture. This agreement is governed by the laws applicable to Customer, without regard to conflict of laws. This agreement (including the SLA and AUP) and our price sheet are the parties’ entire agreement on this subject and supersedes any concurrent or prior communications. Agreement terms that require performance, or apply to events that may occur, after termination or expiration will survive, including §5. Office 365 and the Client are subject to U.S. export jurisdiction. You must comply with the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, enduse, and destination restrictions. For more information, see http://www.microsoft.com/exporting/. Our Providers may deliver Office 365, and the rights granted to us also apply to them.

8. Definitions.
“AUP” means the acceptable use policy at http://www.microsoftvolumelicensing.com/Downloader.aspx?DocumentId=5502. “Client” means device software that we or our Providers provide you with Office 365.

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© 2023 LiftOff, LLC. All Rights Reserved
www.LiftoffOnline.com
“Customer Data” means all data, including all text, sound, or image files that are provided to us or our Providers by, or on behalf of, you through your use of Office 365. “Office 365” means (1) Exchange Online, Exchange Online Archiving, SharePoint Online, Lync Online, and Office Web Apps included in Office 365 Enterprise Plans E1, E2, E3, E4, K1, and K2; and Office 365 Government Plans G1, G2, G3, G4, K1, and K2; and (2) Exchange Online Archiving; Exchange Online Protection; Exchange Online Plans 1, 2, Basic, and Kiosk; SharePoint Online Plans 1, 2, and Kiosk; Office Web Apps Plans 1 and 2; and Lync Online Plans 1, 2, and 3.
“Portal” means the Online Services Portal for Office 365 (see http://www.microsoft.com/online). “Providers” means our affiliates, licensors, and suppliers, including Microsoft and its applicable affiliates. “SLA” means the service level commitments we or our Providers make regarding delivery and performance of Office 365 (see http://www.microsoft.com/licensing/contracts). “Subscription” means an order for a quantity of Office 365.

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These documents were reviewed by the City attorney, and below are his comments and highlights:

The standard terms and conditions for use of software and licensing in these agreements are not negotiable. There are many terms and conditions in the links for varying issues. The highlights are below:

Confidentiality. Their software confidential to the extent allowed by law.

Limited Product warranties. They limit warranties. This is standard Defense of third-party claims for trade secrets. Patent and copyright infringement. They will defend us if there is an infringement claim. We will defend them under limited circumstances Limitation of liability. They limit liability to the cost of the contract, again this is standard Pricing and payment Terms. Defined in the agreements.

Term and termination. We can terminate on 60 day written notice without cause, 30 days with cause.

Miscellaneous Legal:

Agreement not exclusive. The City is free to enter into agreements to license, use, and promote the products and services of others.

Amendments. Microsoft may modify this Agreement from time to time. Changes to the Use Rights will apply as provided in this Agreement. Changes to other terms will not apply until City accepts them., usually on renewal or on request to accept updates.

Notices. All notices must be in writing to Microsoft at the address below except for Notices of Dispute or notices relating to arbitration
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210,
Reno, Nevada 89511-1137, USA
Notices to City may be by email or at the address we’ve identified.

Applicable law and place to resolve disputes. This Agreement will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States.

The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement. If we get into a dispute California law will not apply.

Dispute resolution. When bringing any action arising under this Agreement, the parties agree to the following exclusive venues:

1. If Microsoft brings the action, the venue will be in California, probably in federal court.

2. If City brings the action against Microsoft, the venue will be the state or federal courts in King County, State of Washington, USA.

3. If City brings the action against Microsoft or any Microsoft Affiliate located in Europe, and not also against Microsoft or a Microsoft Affiliate located outside of Europe, the venue will be the Republic of Ireland.

Government procurement rules. We agree we have or will comply with contracting rules by accepting the agreement. When the Council reviews this, a finding will need to be made for the use of the Riverside procurement, and that it followed CA law.

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There are supplemental Government use rules that outline that the cloud service of the government contract is not compatible with the private cloud services, with some other standard terms.

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Agenda No. 9 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: May 03, 2023
SUBJECT: FY22/23 Street Rehabilitation Project – Bid Additive 2 CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION
Authorize an agreement with Monterey Peninsula Engineering for the FY22/23 Street Rehabilitation Project, bid additive 2 in an amount not to exceed $180,935 plus a 5% contingency;

1. 2. Alternatively, discuss and take other action related to this item.

DISCUSSION
Background
The FY22/23 Street Rehabilitation Project was approved as part of the FY22/23 Capital Improvement Plan (CIP) to address the aging road infrastructure network on:
13th Street, between Lighthouse Ave & Central Ave (PCI 16) 15th Street, between Lighthouse Ave& Ocean View Blvd (PCI 9) 16th Street, between Central Ave & Ocean View Blvd (PCI 46) 16th Street, between Pine Ave & Spruce Ave (PCI 47)
These segments were selected for rehabilitation based on a thorough review of the City’s Pavement Management Program, existing road conditions, and in-field observations.

Engineering Process
During the engineering process two bid additives were identified:

Bid Additive 1: 10,000 SF of pavement reconstruction on 13th St from Central Ave to Lighthouse Ave

1. Bid Additive 2: 5,700 SF of pavement reconstruction on 16th St from Spruce Ave to Junipero Ave

2. Bid additives allow flexibility to add additional elements via the bidding process, that fall outside of the most critical project scope components (which serve as the 'base' bid), without being locked into funding those additional elements. This allows the City to obtain competitive pricing on additional scope elements and provides flexibility on a path forward (ex: options to fund or not fund additional elements).

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Bid Additive 1:

Due to public inquiries and the failed road conditions on the segment of 13th St from Central to Ocean View Blvd (PCI 16), this segment was also engineered as a bid additive (bid additive 1).

Bid Additive 2:

During the engineering phase, underground infrastructure was CCTV videoed to assess existing conditions. It was anticipated, based on age of the lines and construction records, that segments of the sewer infrastructure would need to be replaced. As such, the project budget included Sewer Enterprise Funds to address this anticipated need.

While videoing, staff discovered the sewer line on 16th Street from Pine to Junipero Ave was in a deteriorated state and in need of replacement. Although it was outside the bounds of the original segment of 16th St that was to be addressed, due to the critical nature of sewer infrastructure, improvements to 16th St between Spruce Ave and Junipero Ave were engineered.

Based on the engineers estimate, there was sufficient sewer funding in the approved budget to accommodate these additional sewer improvements, but not sufficient funding via the street related funding sources (derived from a combination of General Fund, Measure X, and SB1) to accommodate the pavement rehabilitation following the sewer improvements. As such, the street improvements on 16th St (from Spruce to Junipero) were included as a bid additive (bid additive 2). The sewer elements were included in the base bid.

Competitive Bidding Process
Construction documents were completed in January 2023. On February 3, 2023, the City released a call for bids. The bid process included 2 bid additives, noted below.

On March 8, 2023, the bid period closed. Two (2) bids were received:

Contractor Base Bid Bid Additive
1 Bid Additive
2 Monterey Peninsula
Engineering $1,370,128 $149,920 $180,935
Coastal Paving & Excavating $1,668,110 $168,010 $184,780 Monterey Peninsula Engineering (MPE) has been qualified as the lowest, responsible bidder. Their bid was competitive and will below the engineers estimate. MPE is well qualified to perform this work and has successfully completed several paving and sewer projects for the city.

Base Bid & Bid Additive 1 Agreement Authorization
At the April 12, 2023 meeting, the City Council authorized an agreement for the base bid and bid additive 1 in an amount not to exceed $1,520,048 plus a 9% contingency. A detailed description of the original request can be found here.

The scope of work for the base bid includes:

Reconstruction of 48,200 SF of deteriorated pavement
Construction of 303 LF of curb and gutter
Reconstruction of 1,675 SF of sidewalk, construction of 395 SF of sidewalk Reconstruction of 22 curb ramps
Various sewer improvements including 1,240 LF of sewer line replacement, 1 sewer line spot PGCC 5-3-23

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repair, and reconstruction of 3 manholes
Various stormwater improvements including installation/replacement of 288 LF of storm drainpipe, construction of 8 storm drain inlets
Thermoplastic pavement markings
The scope of work for Bid Additive 1 includes an additional 10,000 SF of pavement reconstruction and various pavement markings on 13th Street between Central and Oceanview.

Bid Additive 2
At the April 12, 2023 meeting, staff indicated a budget adjustment would return at the April 19, 2023, meeting to request an allocation of sewer funding to allow for bid additive 2. Bid additive 2 will allow for the reconstruction of 5,700SF of pavement on 16th Street from Spruce Ave to Junipero Ave following the replacement of deteriorated sewer lines on this stretch of roadway. The competitive pricing for the bid additive, and the positive impact the work will have on the pavement conditions, make this work ideal. The City Council indicated interest in funding bid additive 2. The first reading of the budget amendment, to allocate an additional $190,000 of Sewer Fund money, was approved at the April 19, 2023 meeting. The second read is on the agenda tonight. If this agreement is approved, the City will enter into a separate agreement for bid additive 2. Subsequently, a construction schedule will be developed, but it is anticipated this work would conclude by the end of the fiscal year.

OPTIONS

1. Take no action.

2. Provide alternate direction.

FINANCIAL IMPACT:

The approved project budget, with the additional $190,000 of sewer fund allocation for Bid Additive 2, is $2,109,442 derived from the Capital Improvement Fund, Measure X, Road Maintenance and Rehabilitation Account (RMRA) and the Sewer Fund as specified below.

Funding Source Budget
Fund 63 – Capital Improvement Fund $300,000
Fund 17 – Measure X $1,015,304
Fund 47- RMRA (SB1) $354,138
Fund 76- Sewer Fund $440,000*
TOTAL $2,109,442
*Please note the original $250,000 Sewer Fund Allocation will be put toward the sewer improvements that were incorporated in the base bid, as noted above.

The City Council has already authorized an agreement for the base bid and additive 1 in an amount not to exceed $1,520,048 plus a 9% contingency.

This request is to authorize an agreement for bid additive 2 in an amount not to exceed $180,935 plus a 5% contingency. There is sufficient funding, following the budget adjustment, to authorize this additional work.

FOCUSED PRIORITY AREA: Infrastructure
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Agenda No. 10 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Laurel O'Halloran, Associate Planner
MEETING DATE: May 03, 2023
SUBJECT: Architectural Review Board Minutes: February 14, 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive minutes.

Attachments
ARB Minutes
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ARCHITECTURAL REVIEW BOARD

REGULAR MEETING AGENDA
Tuesday, February 14, 2023, 3:00 P.M.

Council Chamber/Hybrid– City Hall – 300 Forest Avenue, Pacific Grove, CA AGENDA

1. CALL TO ORDER & ROLL CALL:

Members Present: Sarah Boyle, Hunter Eldridge, Scott Brooks, Christi Sutphen, Scott Brooks, Anna Bornstein

2. Election of Officers
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378.

Recommended Action: Staff recommends the Architectural Review Board (ARB) elect a Chair, Vice-Chair, and Secretary for a one-year term in accordance with the Pacific Grove Municipal Code (PGMC) § 3.02.050(b), Members – Terms.

Reference: Laurel O'Halloran, Planner

1. Chair
On nomination by Member Eldridge, seconded by member Brooks Vice Chair Boyle was elected to Chair by Member vote 5-0 Motion passed.

2. Vice Chair
On nomination by Chair Boyle, seconded by Member Brooks, Member Eldridge was elected to Vice Chair by Member vote 5-0 Motion passed.

3. Secretary
On nomination by Chair Boyle, seconded by Member Brooks, Member Sutphen was elected to Secretary by Member vote 5-0 Motion passed.

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3. APPROVAL OF THE AGENDA
On a motion by Member Brooks, seconded by Vice chair Eldridge, the Board voted 5- 0 to approve the agenda as presented.

4. BOARD AND STAFF ANNOUNCEMENTS (City-Related Items Only) Staff Liaison Laurel O’Halloran introduced Council Member Debby Beck as the Council Liaison for the ARB.

Chair Boyle reported she attended the Housing Advisory meeting last week.

5. COUNCIL LIAISON ANNOUNCEMENTS
Council Member Beck introduced herself.

6. GENERAL PUBLIC COMMENT
Inge Lorentzen Daumer
Lisa Ciani
A. Public Comment
Reference: Laurel O'Halloran, Associate Planner
Recommended Action: Receive public comment, if applicable.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

CONSENT AGENDA

7. REPORTS FOR INFORMATION ONLY
A. AB 2449 - Teleconference Rules For Attendance at Meetings of Legislative Bodies CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Receive the report.

Reference: Laurel O'Halloran, Planner

8. REPORTS REQUIRING ACTION
A. Draft 12.13.23 ARB Minutes
Reference: Laurel O'Halloran, Planner
Recommended Action: Review the draft 12.13.23 ARB Minutes and approve.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
The Chair opened the floor to public comment.

Lisa Ciani requested to remove Item 8.A. from the consent Agenda.

On a motion by Member Brooks to approve the consent Agenda moving Item 8.A. to Item PGCC 5-3-23

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10.B. seconded by Vice Chair Eldridge, the Board voted 5-0 to approve the Consent Agenda as amended.

Motion passed.

REGULAR AGENDA

9. PUBLIC HEARINGS

10. CONTINUED AND ONGOING BUSINESS
A. Architectural Permit No. 22-0164, 1029 Del Monte Boulevard, Pacific Grove (APN 006-045-002); Continued from the December 13, 2022, ARB Meeting Zoning District/General Plan Designation: R-1 / Medium Density Residential 7.3 du/ac Coastal Zone: No
Historic Resources Inventory: No
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities Recommended Action: Approve the Architectural Permit subject to the recommended findings, conditions of approval, and Class 1 Categorical Exemption (CEQA Guidelines Section 15301, Existing Facilities).

Reference: Joseph Sidor, Contract Planner
Joseph Sidor, Contract Planner provided a staff report.

Joshua Stewman the project architect, spoke on the
item.

The Chair opened the floor to public comment.

Jenny Vu, owner spoke.

Bob, neighbor spoke.

Inge Lorentzen Daumer
The Chair closed the floor to public comment.

The Board discussed the item.

After discussion, Chair Boyle made a motion, with the following conditions:

1. Continue the Item to the April 2023 ARB meeting.

2. Require a Topographic Survey to ensure compliance with setback and height.

3. Submit a redesign to reduce the mass of the west elevation.

4. Submit to the ARB the neighbors sun/shade study.
seconded by Secretary Sutphen, to approve the motion. On a roll call vote, the Board voted 5-0 to approve the motion.

Motion passed.

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B. Draft 12.13.23 ARB Minutes
Reference: Laurel O'Halloran, Planner
Recommended Action: Review the draft 12.13.23 ARB Minutes and approve.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
The Chair opened the floor to public comment.

Lisa Ciani spoke.

The Chair closed the floor to public comment.

The Board discussed the item.

After discussion, Member Brooks made a motion, seconded by Chair Boyle, to approve the draft minutes. On a roll call vote, the Board voted 5-0 to approve the draft Minutes.

Motion passed.

11. NEW BUSINESS - None

12. PRESENTATIONS

13. NEXT MEETING - March 14, 2023

14. ADJOURNMENT – 4:12.

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Agenda No. 10 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joseph Sidor, Contract Planner
MEETING DATE: May 03, 2023
SUBJECT: Planning Commission Meeting Minutes: March 9, 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive the minutes.

Attachments
Approved PC Minutes 03-09-23
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PLANNING COMMISSION

MEETING MINUTES
Thursday, March 9, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA This meeting was held in Council Chambers and via Zoom webinar.

1. CALL TO ORDER & ROLL CALL – Chair Lilley called the meeting to order at 6:00 pm.

Members Present: Davison, Kubica, Lilley, Murphy, Nodzenski, and Sawyer Member Absent: Fredrickson

2. APPROVAL OF AGENDA
Chair Lilley asked if any Commissioners wanted to make any changes to the agenda.

Vice Chair Murphy made a motion, seconded by Commissioner Kubica, to approve the agenda as presented. The Commission voted unanimously to approve the motion. (6-0- 1; Fredrickson absent)

3. COMMISSION AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Lilley welcomed new Commissioners Davison and Kubica, and thanked the Commission for his election as Chair. He then informed the Commission that he appeared before the City Council on January 15, 2023, regarding the Commission’s recommendation to the City Council to fund a Phase 1 historic resource assessment for the property located at 1352 Lighthouse Avenue (aka the NOAA building). The City Council voted to fund the assessment and formed a subcommittee to select a consultant. He also announced that the City Council will consider the Parklet Program on March 15, 2023. He informed the Commissioners that Form 700s are due to the Fair Political Practices Commission.

4. COUNCIL LIAISON ANNOUNCEMENTS
Council Member Coletti announced that the City Council, on March 15, 2023, will discuss a contract with Rincon to prepare the General Plan and Housing Element updates.

5. GENERAL PUBLIC COMMENT
A. Public Comment
Reference: Joseph Sidor, Contract Planner
Recommended Action: Receive public comment, if applicable.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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The following individuals submitted written public correspondence:
 Tony Ciani on February 13, regarding 1352 Lighthouse Avenue (NOAA building).  Lisa Ciani on February 17, regarding CDP determination for special events.  Lisa Ciani on February 24, regarding tribal resources and tribal monitoring protocol delays.
 Tony Ciani on February 24, regarding “the great tide pool fiasco” with 16 photographs and diagrams.
 Tony Ciani on March 1, regarding the General Plan update  Lisa Ciani on March 9, regarding letter of explanation re: special events CDP determination.
 Lisa Ciani on March 9, regarding the draft 2023 work plan.  Lisa Ciani on March 9, regarding challenge to Pacific Grove CDP determination for special events.
 Councilmember Coletti on March 9, regarding forwarding an announcement for a Fort Ord Habitat Resource Management Plan Community Meeting on March 22.

Chair Lilley and Staff Liaison Sidor summarized the written correspondence received.

No individuals provided verbal public comment at the meeting.

CONSENT AGENDA

6. REPORTS FOR INFORMATION ONLY

7. REPORTS REQUIRING ACTION
A. Minutes of the February 9, 2023, Planning Commission Regular Meeting Reference: Joseph Sidor, Contract Planner
Recommended Action: Approve the Minutes of the February 9, 2023, Planning Commission Regular Meeting.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
On a motion by Vice Chair Murphy, seconded by Commissioner Sawyer, the consent agenda was unanimously approved as presented on a roll call vote. (6-0-1; Fredrickson absent)

REGULAR AGENDA

8. PUBLIC HEARINGS

9. CONTINUED AND ONGOING BUSINESS
A. Housing Element and General Plan Updates
From: Anastacia Wyatt, Community Development Director
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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Recommended Action: Receive an oral report on the Housing Element and General Plan updates.

Reference: Anastacia Wyatt, Community Development Director After comments from CDD Director Wyatt, Chair Lilley opened the public hearing and the following individuals provided public comment: Inge Lorentzen Daumer and Lisa Ciani.

Director Wyatt also discussed the termination of the Baird and Driskell contract. Chair Lilley then closed the public comment portion of the meeting and returned the item to the Commission for discussion. No further action taken.

The Planning Commission took an unscheduled recess at approximately 6:47 pm due to a power outage and associated technical issues. The technical issues were resolved and the meeting reconvened at approximately 7:02 pm.

B. Capital Improvement Program (CIP) Project Discussion; Continued from the February 9, 2023, Planning Commission Regular Meeting
From: Joseph Sidor, Contract Planner
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Hold a discussion on potential projects for consideration in the Capital Improvement Program (CIP) and direct staff to submit a recommendation to the Public Works Department.

Reference: Joseph Sidor, Contract Planner
Contract Planner Sidor introduced the item and provided an oral report. Chair Lilley opened the public hearing and the following individual provided public comment: Lisa Ciani. Chair Lilley then closed the public comment portion of the meeting and returned the item to the Commission for discussion. The Commission agreed upon the following CIP projects and directed staff to submit the project recommendations to the Public Works Department:
 Develop a plan for a bicycle network, with bike lanes, boulevards, and storage infrastructure.
 Update maintenance in the parks.
 Sidewalk maintenance, especially in the downtown.
 Update infrastructure, including traffic issues. Integrate issues with TAMC and other peninsula cities.
 Improve, repair and restore the mural on the recreation trail.  Complete Cultural Resources and Tribal Monitoring Compliance Protocol.  Paint and stripe crosswalks and the parking spaces.
 Provide safe access for the public along the shoreline, ensure minimum requirements for safety, and fix the ADA platform at the tidepool.

C. Draft Planning Commission 2023 Workplan; Continued from the February 9, 2023, Planning Commission Regular Meeting
From: Joseph Sidor, Contract Planner
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
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Historic Resources Inventory: N/A
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Receive and review the draft 2023 Workplan and provide direction to staff.

Reference: Joseph Sidor, Contract Planner
Chair Lilley and Contract Planner Sidor introduced the item, and Chair Lilley opened the public hearing. The following individual provided public comment: Lisa Ciani. Chair Lilley then closed the public comment portion of the meeting and returned the item to the Commission for discussion. No further action taken.

D. Parklet Program Subcommittee
From: Steven Lilley, Chair
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Review the charge of the Parklet Program Subcommittee and appoint a new member to the subcommittee.

Reference: Steven Lilley, Chair
Chair Lilley introduced the item and opened the public hearing. The following individual provided public comment: Lisa Ciani. Chair Lilley then closed the public comment portion of the meeting and returned the item to the Commission for discussion.

After discussion, Commissioner Kubica made a motion, seconded by Commissioner Nodzenski, to reconstitute (i.e., renew the charge of) the Parklet Program Subcommittee. Vice Chair Murphy made two friendly amendments to clarify that the subcommittee would continue with the two existing members (i.e., Commissioners Sawyer and Chair Lilley) and would represent the Commission at the City Council.

Both amendments were accepted by Commissioners Kubica and Nodzenski. On a roll call vote, the motion was approved. (6-0-1; Fredrickson absent)

10. NEW BUSINESS – None

11. PRESENTATIONS
A. Brown Act Presentation
Reference: Gregory Rubens
Recommended Action: Receive a presentation on the applicable requirements of the Brown Act.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
The Chair directed that this item be rescheduled to the April 13, 2023, regular meeting.

12. NEXT MEETING – April 13, 2023

13. ADJOURNMENT – By order of the Chair, the meeting was adjourned at 8:27 pm.

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Agenda No. 12 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: May 03, 2023
SUBJECT: FY23/24 Capital Improvement Plan & SB1 Project List CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive and approve the FY 23/24 Capital Improvement Plan (CIP) to include in the Operating Budget

1. 2. Approve a resolution adopting the FY23/24 SB1 Project List

3. Alternatively, discuss and take other action related to this item

DISCUSSION
Background
Prior to the start of each fiscal year, the City adopts an annual budget. There are two primary components to the City’s annual budget: the Capital Improvement Plan (CIP) and the Operating Budget. Council Policy 400-6, Budget and Financial Management, defines a Capital Improvement or asset as buildings, machinery or equipment, with an original cost in excess of $5,000 and a useful life of three years or more.

The CIP is a long-range plan that:

1. Identifies capital projects

2. Provides an implementation schedule

3. Identifies project financing

4. Links projects to Council's strategic goals and initiatives

5. Links capital projects to budgets, and

6. Provides project information and justification
Adopting a CIP allows systematic and comparative evaluation of multiple potential projects at the same time. The CIP serves as a public relations and economic development tool and focuses on preserving infrastructure while ensuring efficient use of public funds. Additionally, the CIP promotes coordination of projects across City departments and helps identify efforts that may qualify for alternate funding.

DEVELOPMENT OF THE FY23/24 CIP
CIP Project Submittal Process
The CIP process begins with a call for project submissions from Staff, the City Council, and the City’s PGCC 5-3-23

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boards, committees, and commissions. Generally, submitted projects are identified and based upon:

Input from the community received throughout the year
Input from Mayor and City Council, as well as City Board and Commissions on needs that developed or are identified during the year
Identified projects based on critical needs, including those due to safety issues or to comply with new mandates
CIP Project Review Process
Following the submittal process, each project proposal is reviewed from a variety of approaches and criteria before it is recommended for inclusion in the CIP. These include:

Greatest need (ex: mandates and public safety)
Alignment with Council strategic goals and initiatives
Consequences of delay (ex: potential to incur increased costs, asset preservation) Readiness
Feasibility
Opportunities to accomplish multiple goals or align timing with another project(s) Availability of funding (ex: grants)
Under the direction of the City Manager, the Public Works and Administrative Services Departments review the proposed projects and prepare the CIP for submission to the Mayor and City Council. The proposed CIP is then presented, discussed, and acted upon by the City Council in public sessions during the budget hearings.

FY23/24 PROPOSED CIP
The proposed CIP includes a total of 5 projects:
2 multi-funded projects (funded via general fund & non-general fund sources) 1 general fund project, and
2 non-general fund projects
These proposed projects aim to address aging and damaged infrastructure, complete required maintenance, and protect the environment. Ultimately, the proposed CIP is lean and only includes projects that:

Are required to meet annual Maintenance of Effort (MOE) requirements to be eligible for Measure X and Senate Bill 1 funding, (Street Rehabilitation Project & Crack/Slurry Seal Project) Allow vital stormwater infrastructure repairs
Allow for vital maintenance needs & facility improvements to be addressed via dedicated non-general fund sources
The detailed list of projects, along with their descriptions and requested budgets, is attached (Attachment 1 – Project List) Each of the projects also has a corresponding project information sheet (Attachment 2). This sheet serves as a summary of the project and includes a description, scope of work, purpose of the project, funding sources and photos.

Multi-Funded Project Overview
There are two (2) proposed multi-funded projects, which are projects funded from a combination of general fund and non-general fund sources:

1. FY23/24 Street Rehabilitation Project

2. FY23/24 Crack and Slurry Seal
Both projects aim to address the City’s aging road infrastructure network. Together these projects have PGCC 5-3-23

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a $500,000 General Fund allocation; this is a mandatory contribution to meet Maintenance of Effort (MOE) requirements to be eligible for continued Measure X and Senate Bill 1 Funding General Fund Project Overview
Due to limited General Fund availability, there is only 1 project on the General Fund Project List – the Priority Stormwater Repair Project on Syida Dr. This vital project will allow the City to make necessary repairs to a deteriorated storm drain line that has failed on Syida Dr. The failure has caused several sinkholes to form which cannot be rectified until underground infrastructure repairs can be made. This project is essential to properly channel stormwater, prevent further deterioration, and address existing sinkholes.

Non-General Fund Project Overview
There are two (2) proposed non-general fund projects:

1. Sewer Collection System Master Plan (SCSMP) Projects 1, 6 & 9

2. Library Backup Power Project
The City’s SCSMP plan helps drive the City’s sewer collection system asset management needs by identifying CIP projects necessary to address deficiencies in the collection system. Since its development in 2014, the City has completed 6 of the 9 near term projects identified. This multi-year project, funded fully from the Sewer Fund, will allow the City to embark on engineering for these vital repairs. Following completion of engineering, Staff would return for a request of a construction project allocation as part of a future year CIP.

The Library Backup Power Project will allow for the City to acquire and install a backup power source for the library so this vital community resource can remain open for use during power outages. This project is proposed to be funded via the Strong Disbursement Fund and the Mcindoo Donation Fund.

The Friends of the Pacific Grove Library and the Pacific Grove Library Foundation have expressed interest in donating funds for the purchase of the backup power source, with the cost of design and construction being paid for by the City.

Additional information on the non-general fund projects can be found in Attachments 1 and 2.

CIP and the California Environmental Quality Act (CEQA) The CIP document is a planning document; it does not constitute approval of any specific project.

Following budget adoption, staff will assess and address the CEQA process that applies to each individual project. Projects that exceed the City Manager's spending authority will return for Council approval; agenda reports will include an assessment of the CEQA determination.

Unfunded Projects
Several projects have been deferred due to lack of available funding. The full list of submitted projects, as submitted, are included in Attachment 3, the Unfunded Project List. Projects range from recreation improvements and beautification projects to repairing roofs and stormwater infrastructure.

THE FUTURE OF THE CAPITAL IMPROVEMENT PROGRAM
Over the last several years, the City has made tremendous strides in addressing its aging infrastructure needs. Notable accomplishments include:

Increasing the City’s average Pavement Condition Index (PCI) rating by 5 points over a 5-year period
Completing 6 of the 9 Sewer Collection System Master Plan Projects (SCSMP) which addressed know sewer collection system deficiencies, and
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Promptly addressing identified, high-priority facility needs (ex: several reroofing projects).

City staff would like to continue this trajectory by revisiting how projects are identified, recommended, and prioritized for funding. This will ensure the most efficient use of funds and provide longer range insight into the City’s asset management needs. It is anticipated that this could achieved by harnessing asset management schedules for all City assets – like how the Pavement Management Program and SCSMP are harnessed for pavement and sewer improvements, respectively. It is anticipated that the City will return to Council in quarter 1 of FY23/24 with a proposed approach to future year CIP development.

The City has also made significant strides on reporting the progress, completion of expenditures on these vital projects. Including the recent launch of the Transparency Center, Clear Gov project module, available here: www.cityofpg.org/finance
SENATE BILL 1 PROJECT LIST
As part of the CIP process, Staff is recommending approval of a Resolution adopting a Senate Bill 1 (SB1) Project List.

SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017. SB1 includes accountability and transparency provisions that will ensure the residents of Pacific Grove are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. One such provision is a requirement that the City adopt a resolution of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) by July 1 of each year.

The City is estimated to receive $372,339 in RMRA funding in Fiscal Year 2023/24. As indicated in the attached project list, the City is planning to use this funding, in conjunction with Measure X and the General Fund, to complete essential road rehabilitation and maintenance as prescribed in the City’s Pavement Management Program. Specifically, SB1 funds will be allocated to the FY23/24 Street Rehabilitation Project, which will address the following five (5) segments of roadway:

1. Locust Street (Sinex Ave to Junipero Ave)

2. Willow Street (Sinex Ave to Junipero Ave)

3. Wood Street (Sinex Ave to Junipero Ave)

4. Grand Avenue (Sinex Ave to Junipero Ave)

5. Pearl Street (8th St to Monterey Ave)
The attached SB1 project list includes a detailed project description, project location, proposed schedule for completion, and the estimated useful life of the improvement.

This is the sixth year the City will receive SB 1 funding which will enable essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1.

OPTIONS
Take no action. Failure to act will delay the City’s ability to proceed with submission of the annual SB1 project list to the California Transportation Commission and may impact the City’s eligibility for SB1 funding.

Propose modifications to the FY 23/24 SB1 Project List
Propose modifications to the FY 23/24 CIP
Request additional information
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FINANCIAL IMPACT:

Adoption of the CIP does not appropriate funds. The CIP will serve as the basis for planning the CIP Project Budget over the next fiscal year and will be updated annually. If the recommended CIP is approved, the following budget by fund for the CIP will be incorporated in the proposed Operating and Capital Budget for Fiscal Year 2023/24:

Funding Source Proposed Budget
General Fund $600,000*
Measure X $686,088
Sewer Fund $2,100,000
Road Maintenance & Rehabilitation Fund (RMRA/SB1) $505,049 Strong Disbursement Fund $44,849
Mcindoo Donation Fund $20,173
* Of the total proposed $600,000 General Fund budget, $500,000 is associated with the two streets related projects and are required to meet Maintenance of Effort (MOE) to be eligible for continued Measure X and Senate Bill 1 funding.

FOCUSED PRIORITY AREA: Infrastructure
Attachments
Attachment 1 - FY23/24 CIP Project List
Attachment 2 - FY23/24 Project Information Sheets
Attachment 3- FY23/24 Unfunded Project List
Attachment 4 - Resolution & SB1 Project List
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Project # CIP Project Code Project Name Funding Source Fund Account Project Description/Justification Budget Notes City Council Goal Alignment Multi-Year Project? Total Project Budget Proposed Budget FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 Fund 63
Capital Improvement
Fund
63-631-6041 $ 300,000
Fund 17
Measure X 17-522-6041 $ 536,088
Fund 47
RMRA
(SB1)
47-471-6041 $ 505,049
Fund 76
Sewer Fund 76-612-6051 $ 300,000
Fund 63
Capital Improvement
Fund
63-631-6041 $ 200,000
Fund 17
Measure X 17-522-6041 $ 150,000
3 CIP24-03 Priority Stormwater Repair Project on Syida Dr General Fund Fund 63 Capital Improvement Fund 63-631-6054 The 12" corrugated steel stormwater pipe has deteriorated and resulted in several large sinkholes throughout the pipe segment that runs along the property line of 4 properties (Benito Court to Syida Dr). The scope of work includes installation of a fiberglass lining and installation of three (3) stormwater access points. Due to the severe incline and location of the pipe (abutting private properties and beneath private decks, fencing, landscaping, storage sheds, etc.) it will be difficult to excavate and perform a full replace. Lining the pipe shall suffice in channeling water and preventing further deterioration for the foreseeable future.

Infrastructure/
Environmental
Stewardship
N $ 100,000 $ 100,000 -$ -$ -$ -$
4 CIP24-04
Sewer Collection System Master Plan
Projects
1, 6 & 9
Non-General
Fund
Fund 76
Sewer Fund 76-612-6051
The City provides sewer collection services for residences and commercial businesses over an area of approximately 1,414 acres with a population of approximately 15,040 residents. The City’s collection and conveyance system is comprised of approximately 58 miles of pipelines: 57 miles of gravity pipelines and one mile of force mains. The Sewer Collection System Master Plan (SCSMP) helps drive the City's long-term sewer collection system asset management needs by identifying CIP projects and necessary upgrades to the collection system. Over the years the City has completed 6 of the 9 SCSMP near term CIP Projects. This multi-year project will allow the City to commence the remaining three (3) near term projects 1, 6 & 9:-SCSMP #1 - 17 Mile Dr - Upgrade ~3,000LF of sewer main due to capacity deficiencies -SCSMP #3 - Asilomar Ave- upgrade ~2,150LF sewer main due to capacity deficiencies and increase slope-SCSMP #6 - Hilcrest Ave - Replace ~4,250LF of sewer main due to root intrusion The initial year of funding, $1.8M would allow for engineering, permitting and environmental. It is anticipated that construction would be funded in a subsequent year. At this time construction costs are estimated at ~$7M. Following approval of the FY23/24 Budget, City Staff plans to swiftly return to Council to request authorization of a sole source agreement with Wallace Group for engineering services. Their specialized knowledge of the City's sewer collection system, working with the Pebble Beach Company and in the Pebble Beach Community, will be essential in efficiently and prudently engineering and coordinating these vital improvements. This action is consistent with the City's purchasing policy and Municipal Code, and will return to Council for further discussion early in FY23/24.

Infrastructure/
Environmental
Stewardship
Y $ 8,800,000 $ 1,800,000 $7,000,000 -$ -$ -$
Fund 46
Strong Disbursement
Fund
46-461-6021 $ 44,849
Fund 92
McIndoo Donation
Fund
92-519-6021 $ 20,173
-$ -$ -$
CIP24-01CIP24-02CIP24-05
Infrastructure/
Environmental
Stewardship
N $ 65,022 -$
This project will ensure the City remains eligible for
continued Measure X and Senate Bill 1 (SB1) funding
by meeting Maintenance of Effort (MOE)
requirements.

This project will ensure the City remains eligible for
continued Measure X and Senate Bill 1 (SB1) funding
by meeting Maintenance of Effort (MOE)
requirements.
5 Library Backup Power Project Non-General Fund
This project will allow the City to explore and install a backup power source for the Pacific Grove Public Library. Currently, the Library does not have a power backup to run essential community services when the power goes down. As an element of this project, the City will explore more renewable and green options to the standard diesel generator. This project will also require new wiring be installed from the interior of the building to the backup power source.

The Friends of the Pacific Grove Public Library and
the Pacific Grove Library Foundation have expressed
interest in donating the funds for the purchase of the
back-up power source, with the design and
construction costs being covered by the City. The full
project cost is reflected in the proposed budget. If
approved, the City would formalize the details with
these entities and reimbursements would be
received.
-$
Infrastructure -$ -$ -$ -$ Infrastructure -$ -$ -$
12 NN
This project will address the aging road infrastructure network, increase the PCI on five (5) road segments that are in "failed" condition, address underground aging infrastructure, and ensure the City meets Maintenance of Effort (MOE) requirements. This project will address the following "failed" segments of roadway:(1) Locust St, Sinex Ave to Junipero Ave (PCI 3)(2) Willow St, Sinex Av e to Junipero Ave (PCI 7)(3) Wood St, Sinex Ave to Junipero Ave (PCI 19)(4) Grand Ave, Sinex Ave to Junipero Ave (PCI 10)(5) Pearl St, 8th St to Monterey Ave (PCI 0)None of these road segments have ever received a formal rehabilitation treatment since construction; they are all in a failed state and in dire need of replacement. These road segments were identified based on the City's Pavement Management Program and in-field observations of existing conditions.

The underground sewer infrastructure on each of these road segments will be videoed and addressed as an aspect of this project via the sewer fund. Crack and Slurry sealing is a vital maintenance activity that helps preserve the City's roads against rapid deterioration and potholes due to inclement weather. This is a cost effective maintenance treatment that helps ensure roads remain in good condition for years to come. Streets to receive the crack & slurry seal treatment are identified via the City's Pavement Management Program, maintenance logs, and in-field observations. $ 1,641,137
FY23/24 Crack & Slurry Seal Project $ 350,000
FY23/24 Street Rehabilitation Project Multi-Funded Project Multi-Funded
Project
FY23/24 CIP Project List
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FY 23/24 CAPITAL IMPROVEMENT PLAN
FY23/24 Street Rehabilitation Project
Fund Multi-Funded Project
Fund 63, Capital Improvement Fund
Fund 17, Measure X
Fund 47, RMRA/SB1
Fund 76, Sewer Fund
Funding Source 63-631-6041, 17-522-6041, 47-471-6041, 76-612-6051 Project Code CIP24-01
Council Strategic Goal Infrastructure

PROJECT DESCRIPTION
This project will address the aging road infrastructure network, increase the PCI on five (5) road segments that are in "failed" condition, address underground aging infrastructure, and ensure the City meets Maintenance of Effort (MOE) requirements.

This project will address the following "failed" segments of roadway:
(1) Locust St, Sinex Ave to Junipero Ave (PCI 3)
(2) Willow St, Sinex Av e to Junipero Ave (PCI 7)
(3) Wood St, Sinex Ave to Junipero Ave (PCI 19)
(4) Grand Ave, Sinex Ave to Junipero Ave (PCI 10)
(5) Pearl St, 8th St to Monterey Ave (PCI 0)
None of these road segments have ever received a formal rehabilitation treatment since construction; they are all in a failed state and in dire need of replacement.

These road segments were identified based on the City's Pavement Management Program and in-field observations of existing conditions.

The underground sewer infrastructure on each of these road segments will be videoed and addressed as an aspect of this project via the sewer fund.

FUNDING NOTES
This project will ensure the City remains eligible for continued Measure X and Senate Bill 1 (SB1) funding by meeting Maintenance of Effort (MOE) requirements.

FISCAL IMPACT
FUNDING SOURCE(S): 63-631-6041, 17-522-6041, 47-471-6041, 76-612-6051 Funding Source FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 TOTAL Fund 63, Capital
Improvement Fund $300,000 - - - - $300,000
Fund 17, Measure X $536,088 - - - - $536,088
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Fund 47, RMRA/SB1 $505,049 - - - - $505,049
Fund 76, Sewer Fund $300,000 - - - - $300,000
TOTALS $1,641,137 - - - - $1,641,137
PHOTOS
Grand Ave Pearl St
Willow St Locust St
Wood St
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FY 23/24 CAPITAL IMPROVEMENT PLAN
FY23/24 Crack & Slurry Seal Project
Fund Multi-Funded Project
Fund 63, Capital Improvement Fund
Fund 17, Measure X
Funding Source 63-631-6041, 17-522-0641
Project Code CIP24-02
Council Strategic Goal Infrastructure

PROJECT DESCRIPTION
Crack and Slurry sealing is a vital maintenance activity that helps preserve the City's roads against rapid deterioration and potholes due to inclement weather. This is a cost effective maintenance treatment that helps ensure roads remain in good condition for years to come.

Streets to receive the crack & slurry seal treatment are identified via the City's Pavement Management Program, maintenance logs, and in-field observations.

FUNDING NOTES
This project will ensure the City remains eligible for continued Measure X and Senate Bill 1 (SB1) funding by meeting Maintenance of Effort (MOE) requirements.

FISCAL IMPACT
FUNDING SOURCE(S): 63-631-6041, 17-522-6041, 47-471-6041, 76-612-6051 Funding Source FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 TOTAL Fund 63, Capital
Improvement Fund $200,000 - - - - $200,000
Fund 17, Measure X $150,000 - - - - $150,000
TOTAL $350,000 - - - - $350,000
PHOTOS
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FY 23/24 CAPITAL IMPROVEMENT PLAN
Priority Stormwater Repair Project on Syida Dr
Fund General Fund Project
Fund 63, Capital Improvement Fund
Funding Source 63-631-6054
Project Code CIP24-03
Council Strategic Goal Infrastructure/
Environmental Stewardship

PROJECT DESCRIPTION
The 12" corrugated steel stormwater pipe has deteriorated and resulted in several large sinkholes throughout the pipe segment that runs along the property line of 4 properties (Benito Court to Syida Dr).

The scope of work includes installation of a fiberglass lining and installation of three (3) stormwater access points. Due to the severe incline and location of the pipe (abutting private properties and beneath private decks, fencing, landscaping, storage sheds, etc.) it will be difficult to excavate and perform a full replace. Lining the pipe shall suffice in channeling water and preventing further deterioration for the foreseeable future.

FISCAL IMPACT
FUNDING SOURCE(S): 63-631-6054
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 TOTAL PROJECT COST $100,000 - - - - $100,000
PHOTOS
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FY 23/24 CAPITAL IMPROVEMENT PLAN
Sewer Collection System Master Plan Projects
1, 6 & 9
Fund Non-General Fund Project
Fund 76, Sewer Fund
Funding Source 76-612-6051
Project Code CIP24-04
Council Strategic Goal Infrastructure/
Environmental Stewardship

PROJECT DESCRIPTION
The City provides sewer collection services for residences and commercial businesses over an area of approximately 1,414 acres with a population of approximately 15,040 residents. The City’s collection and conveyance system is comprised of approximately 58 miles of pipelines: 57 miles of gravity pipelines and one mile of force mains. The Sewer Collection System Master Plan (SCSMP) helps drive the City's long-term sewer collection system asset management needs by identifying CIP projects and necessary upgrades to the collection system.

Over the years the City has completed 6 of the 9 SCSMP near term CIP Projects. This multi-year project will allow the City to commence the remaining three (3) near term projects 1, 6 & 9:
-SCSMP #1 - 17 Mile Dr - Upgrade ~3,000LF of sewer main due to capacity deficiencies -SCSMP #3 - Asilomar Ave- upgrade ~2,150LF sewer main due to capacity deficiencies and increase slope
-SCSMP #6 - Hilcrest Ave - Replace ~4,250LF of sewer main due to root intrusion The initial year of funding, $1.8M would allow for engineering, permitting and environmental. It is anticipated that construction would be funded in a subsequent year. At this time construction costs are estimated at ~$7M.

Following approval of the FY23/24 Budget, City Staff plans to swiftly return to Council to request authorization of a sole source agreement with Wallace Group for engineering services. Their specialized knowledge of the City's sewer collection system, working with the Pebble Beach Company and in the Pebble Beach Community, will be essential in efficiently and prudently engineering and coordinating these vital improvements. This action is consistent with the City's purchasing policy and Municipal Code, and will return to Council for further discussion early in FY23/24.

FISCAL IMPACT
FUNDING SOURCE(S): 76-612-6051
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 TOTAL PROJECT COST $1,800,000 $7,000,000 - - - $8,800,000
PHOTOS
Red
indicates
project
locations.

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FY 23/24 CAPITAL IMPROVEMENT PLAN
Library Backup Power Project
Fund Non-General Fund Project
Fund 46, Strong Disbursement Fund
Fund 92, Mcindoo Donation Fund
Funding Source 46-461-6021, 92-519-6021
Project Code CIP24-05
Council Strategic Goal Infrastructure/
Environmental Stewardship

PROJECT DESCRIPTION
This project will allow the City to explore and install a backup power source for the Pacific Grove Public Library.

Currently, the Library does not have a power backup to run essential community services when the power goes down.

As an element of this project, the City will explore more renewable and green options to the standard diesel generator. This project will also require new wiring be installed from the interior of the building to the backup power source.

FUNDING NOTES
The Friends of the Pacific Grove Public Library and the Pacific Grove Library Foundation have expressed interest in donating the funds for the purchase of the back-up power source, with the design and construction costs being covered by the City.

FISCAL IMPACT
FUNDING SOURCE(S): 46-461-6021, 92-519-6021
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 TOTAL
Fund 46 – Strong
Disbursement Fund $44,849 - - - $44,849
Fund 92- Mcindoo Donation
Fund $20,173 - - - $20,173
TOTAL $65,022 - - - $65,022
PHOTOS
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Reference # Project Name Project Description Project Justification FY 23/24 Project Cost Please provide the proposed budget for the project. Is this a multi‐year project? Multi‐Year Project Additional Information Board, Commission, Committee Submissions? Goal Alignment 1 Police Station Lobby & Office Improvements
Improve the layout of the police station lobby to better serve our community. As well as reorganizing staff work spaces to both improve service and encourage good employee ergonomics. Building improvements include creating a public information center, improving front counter access, purchasing and rearranging staff work spaces, installing new flooring, electrical, lighting, and new paint.

To both improve service to our community and align with employee safety best practices. $35,000 No Infrastructure;
Environmental
Stewardship
2 City Yard Police Garage Renovation Improve garage security, including physical building improvements, installing new security cameras, alarm system and key access. In addition, improve safety and access to the loft area for property storage.

In order to ensure compliance with CALEA standards, as well as general best practices, improving security and access of the police garage is crucial. There is a need to securely store larger property items, such as bicycles, vehicles and other items not easily stored at the police station.
$35,000 No Infrastructure
3 Police Station Parking - Exterior Fence Install exterior fence for parking lot located behind the police station. Include access control system for gated access. Ensure City staff pedestrian access to City Hall. It will ensure additional security of City police vehicles. $200,000 No Infrastructure 4 Monarch Sanctuary Fence Replacement Project Replacement of all existing fencing along the entire pathway within the Monarch Sanctuary. The current fencing is rope/cable/post fencing and would be upgraded to split rail fencing. The existing fencing is not stable (i.e. posts fall over and rope/cable sags). As such, it does not provide an adequate barrier between the public pathway and the treed sanctuary. The new split rail fencing will be more stable, will provide the desired barrier, and will enhance public safety. $75,000 No BNRC Infrastructure 5 Tree Well Improvement Project
Improvement of existing tree wells for trees planted along the sidewalks in the City’s commercial district. This improvement project would consist of (I) increasing the size of existing “street tree” wells and then (ii) filling them with Rubberway material to be flush with the sidewalks and otherwise in compliance with the ADA and local code.

The estimated cost of this Project is $41,600 (32 tree wells at $1,300 per tree well).

Suggested locations are: Fountain, Grand and Forest avenues between Lighthouse and Laurel.

This Project furthers several City Goals, primarily in the categories of environmental stewardship and infrastructure maintenance. This Project would: (i) reduce stormwater runoff, (ii) improve street tree health through the increase of water to the tree roots, (iii) increase retention of rainwater in the soil to replenish the natural watershed, and (iv) and reduce sidewalk cracking/uplifting, thus reducing the need for sidewalk repairs. In addition, the public safety is promoted by eliminating tripping hazards from the cracked/heaved concrete. $41,600 No BNRC
Infrastructure;
Environmental
Stewardship
6 George Washington Park (“GWP”) Enhancement Project
This GWP Enhancement Project would include (i) the purchase, planting and Maintenance of 80 Monterey Pine Trees and 100 plants native to GWP, (ii) the fabrication and erection of a new GWP entrance sign and informational/interpretive signage within the park, (iii) replenishment of wood chips on the trails within GWP (and barriers erected around fallen trees) and (iv) the transplanting of Poison Oak from trails to protected areas to encourage trail usage (Point Lobos design).

GWP is showing signs of Monterey Pine and Monarch Butterfly habitat recovery in small sections due to the many years of volunteer and Public Works attention. Collaborative scaling efforts between volunteers, the City of Pacific Grove staff and Landscaping consultants are needed at this point to assist the restoration and rehabilitation of multiple endangered species within GWP. Purchasing of Monterey Pine Trees and native plants, planting (with wire baskets), maintenance, along with posts, protective fencing encourage continued restoration. A new wood sign at the entrance of the Park at Sinex and Alder will upgrade park appearance and informational signage along the trails will enhance public awareness of the many plant and animal species that thrive in (and depend upon) this diverse urban forest. $50,000 No BNRC
Infrastructure;
Environmental
Stewardship
7 Add and/or replace sidewalks
within the business districts, along
Pine, and along other safe routes
to school.

Certain areas within Pacific Grove have no sidewalks or sidewalks in disrepair, which is a safety concern brought by citizens to the Traffic Safety Commission. A lack of sidewalks or hazardous sidewalks have negative implications for all residents. Those greatly impacted are individuals with limited mobility, families with strollers, and individuals on scooters, roller skates, or skateboards. These improvements should take into account Complete Streets best practices.

Improve pedestrian safety and increase ability to navigate freely throughout Pacific Grove. $50,000 Yes Traffic Safety Commission Infrastructure 8 Increase improvements of roads,
remove potholes, and add bike
lanes.

There are many streets where lack of maintenance is causing safety issues and further road deterioration. These improvements should take into account Complete Streets best practices.

Improve safety, add bike lanes, and improve PCI. This is a Council Decision on how much to propose for the budget Yes This is a Council Decision on how much to
propose for the budget and depends on
scope.

Traffic Safety
Commission Infrastructure
9 Sunset Drive pedestrian path at Asilomar Beach Requesting to widen an existing path along the shoulder of Sunset Drive from Asilomar Beach, up the hill, to the boardwalk trailhead to provide a safer route for pedestrians and reduce conflicts with cyclists and drivers.

Improves pedestrian and cyclist safety. $250,000 No Traffic Safety Commission Infrastructure 10 Downtown Lighthouse Pedestrian Promenade Study
Explore multiple options to create a downtown space limited to only pedestrians and cyclists along Lighthouse Avenue in order to improve downtown safety and increase downtown business vibrancy. It should also include funds for a rigorous public outreach campaign.

Improves safety, walkability, bikeability, and downtown vibrancy. $200,000 Yes Unsure of total project cost it depends on
the scope of the project after the initial
study is conducted. Initial study estimated at
about $200k.

Traffic Safety
Commission Infrastructure
11 Pine Avenue Reconfiguration Study
Explore multiple options to reconfigure Pine Avenue following Complete Streets best practices that enable Safe Routes to School, expand the native habitat for the Pacific Monarch, and create a bicycle promenade, while still allowing for some parking on Pine Avenue for residents. It should also include funds for a rigorous public outreach campaign.

Improves safety, walkability, bikeability, and adds to green spaces within Pacific Grove for Pacific Monarch natural habitat. $150,000 Yes Depends on the scope of the project as
determined by the initial study. The initial
study is estimated to be $150k.

Traffic Safety
Commission Infrastructure
FY23/24 Unfunded Project List
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12 Bike parking at Asilomar Beach
Request to add a significant amount of bike parking (U-racks) at Asilomar Beach. This could potentially mean removing car parking spaces to add bike corrals at Asilomar Beach for the large number of Pacific Grove residents and visitors that enjoy recreational cycling. This should take into account Complete Streets best practices.

Reduces car traffic and improves safety and public health. $15,000 No Traffic Safety Commission Infrastructure 13 HVAC Deep Cleaning/HEPA Filtration System To have the HVAC system professionally deep cleaned and possibly have a HEPA filtration added to the system. Deep cleaning the HVAC system would allow for safer air circulation throughout the building. By adding the HEPA filtration system, it would assist in keeping mold and diesel exhaust from circulating throughout the station. $5,000 No Infrastructure14 New Electrical Panel and
Connections At Main and Subpanel at Fire Station Replacing the electrical panel and connections at the Fire Station due to water damage from a leak. By replacing the electrical panel and its connections, it will assist in preventing any potential electrical fires and future damages. $5,000 No Infrastructure 15 Carpet Replacement at the Fire Station Removing the existing carpet throughout the station, repairing any subfloor damage from previous roof leaks and installing new carpet/flooring. The existing carpet is worn causing the subfloor to be exposed and damaged from previous roof leaks. $8,000 No Infrastructure16 Kitchen Cabinet Replacement at the Fire Station Cabinets were built in the 1970's and need major repair or replacing. With the cabinets and drawers being 50 years old they are having to be repaired constantly so they do not fall off causing safety issues. $15,000 to refurbish, or $50,000 for replacement Yes The project can be split in half, one side of the cabinets can be replaced on year and the other side the following year. Infrastructure 17 Dormitory Window Replacement at the Fire Station Replacing existing single pane windows with double pane windows at the Fire Station. By replacing the windows with double pane windows, the City would be more environmentally friendly by cutting down the use of natural gas heater. $70,000 No Infrastructure 18 Bicycle Network Plan Develop a plan for a city-wide bicycle network, with bike lanes, boulevards, and storage infrastructure. Pacific Grove needs to be more bicycle-friendly to reduce carbon emissions and to provide alternative modes of transportation throughout the City. $100,000 Yes Total project cost unknown. FY23/24 -
$100,000 for plan development. Cost in
subsequent fiscal years would be
determined by the implementation of an
approved plan.

Planning
Commission Infrastructure
19 Increased level of maintenance at City Parks Improve maintenance in City parks, including completion of deferred projects. This project would increase the amount PW has budgeted by $100,000. City parks need to be maintained for the enjoyment of residents and visitors. Deferred projects and lack of adequate maintenance decreases the usability and enjoyment of park areas. $100,000 No Planning Commission Infrastructure 20 Replace or repair sidewalks. Replace or repair sidewalks in the City, especially in the downtown area. Well-maintained sidewalks improve the walkability of the City and decrease accident liability. $250,000 No Planning Commission Infrastructure 21 City Infrastructure Plan
Develop a plan to update the City's infrastructure, including sidewalks and bike lanes in order to promote traffic safety and accessibility issues. Integrate plans with TAMC and other peninsula cities.

The City needs a comprehensive and integrated infrastructure management plan to ensure maintenance and repair of City assets occurs at a frequency that allows efficient and effective stewardship of City resources. $200,000 No Planning Commission Infrastructure 22 Mural Restoration Improve and restore the large mural (aka Lover's Point Mural) showing the history of Pacific Grove on the City's recreation trail. This mural expresses the rich and diverse history of Pacific Grove for the enjoyment of residents and visitors. $50,000 No Planning Commission 23 Cultural Resources Monitoring Protocol Complete a draft document and submit/bring forward for Planning Commission and City Council consideration and adoption. Protection of cultural and historic resources and treatment of resources with appropriate respect and dignity. $10,000 No Planning Commission 24 Painting of crosswalks and parking
spaces. Paint crosswalks and parking spaces on City streets. Improved pedestrian and vehicle safety. $50,000 No Planning Commission Infrastructure 25 Accessible Public Access
Provide safe, accessible and ADA-compliant public access on the shoreline, through walkways and viewing platforms. This effort should involve a climate adaptation plan with longitudinal measures and life span expectation in order to address climate change.

Accessible public access ensures all residents and visitors may enjoy the beautiful shoreline of Pacific Grove. $100,000 Yes Total Project Cost $250,000. FY23/24
$100,000 for plan development. FY24/25
$150,000 for implementation/construction.

Planning
Commission Infrastructure
26 Parks and Open Space Plan
The Parks and Open Space Plan (POSP) will examine existing parks, recreational facilities and open space throughout Pacific Grove in comparison to community needs, access and potential for development of new or shared recreational facilities. The city’s General Plan specifies many goals and policies for the ongoing review of the community’s park, recreation and open space, most of which appear to be out of date. Section 5.2 of the General Plan outlines various policies related to the ongoing review and evaluation of park facilities and recreation needs that are included in this project. There are also possibilities to share resources and facilities with other organizations and agencies in the community to help achieve recreational goals and services. The Recreation Board has expressed a need for such a study to provide a mechanism for community input regarding related public facilities including play courts, athletic fields, dog park, fitness course, bicycle pump track, etc. The value of such a plan is to globally evaluate recreational facilities and program opportunities to determine the best means possible for identifying public needs and addressing deficiencies. The POSP will also make recommendations for achieving goals as they relate to the General Plan and for developing a long-term approach to maximizing park, recreation and open space opportunities for residents and visitors to the community.

The Parks and Open Space Plan is essential for solidifying a comprehensive plan for addressing current and future park, recreation and open space issues in Pacific Grove. $35,000 No Recreation Board Infrastructure; Recreation FY23/24 Unfunded Project List
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27 George Washington Park Master Plan Review and Design The south zone (with the baseball field, bathroom, picnic area, and playground) of George Washington Park (GWP) is much in need of an evaluation of its master plan and redesign of park features to bring the park up to current codes such as ADA and U.S.Consumer Product Safety Commission (CPSC) Guidelines and to improve user experiences at the park. The project would look at the amenities of existing facilities including the ball field, large BBQ area, children’s play area, picnic grove, park circulation, etc. and border treatment of the natural area to the north. The work includes landscape architect led public meetings to obtain input from residents on how best to improve conditions and facilities at the park, conceptual drawing(s), cost estimates and timetable for introducing phased improvements at GWP.

The park is one of the heaviest use public parks in the system and many of its infrastructural components need updating; there currently exist code compliance issues. The project will address safety and environmental issues at the park including pathway improvements to better accommodate ballfield use, park maintenance servicing and pedestrian and bicycle usage, water conservation and forestry management recommendations. Funding the project at this time will result in a plan that can be used for developing future related capital projects for phased improvements at GWP, portions of which may be eligible for grant funding.
$28,000 No Recreation Board Infrastructure; Recreation
28 George Washington Park Stormwater Runoff Improvements The George Washington Park Storm Water Runoff Drainage Project will address site drainage issues originating at the east side of the park at Alder Street and Gibson Avenue to the west side of the park at 17 Mile Drive and Melrose Avenue. At present, there is virtually no drainage at the park and storm water runoff flows from the east side of the park to the lower portion on the west side out onto the intersection of 17 Mile Drive and Melrose Avenue. This causes erosion of the ball field’s infield around the north side of the ball field. It also causes the outfield to remain soggy into the spring. The project will engineer, design and construct approximately 540 LF of storm collection system including pervious pathway to prevent erosion and runoff of pathway materials into the surrounding neighborhood. The project will improve the overall safety of the park in addition to constructing an ADA compliant pathway that will shed storm water to a collection location where it can be properly collected and disposed of to the storm system.

The GWP Storm Water Runoff Drainage Project will reduce the potential for erosion and silt going into the ocean, as well as flooding in nearby neighborhoods and improve safety thoroughfare at the park for pedestrians. $195,000 No Recreation Board Infrastructure 29 Athletic Facilities Repairs and Improvements
Provide for repairs, improvements, equipment and enhanced access to sports facilities and athletic fields around the community. This would include funding for soccer, basketball, baseball, tennis court, volleyball, and other sports. The specific improvements would be based on community input but could include tennis court crack repair, deer fencing at GWP, purchase of soccer goals, installation of water fountains at fields and courts, etc. Increased access could also entail funding to provide improvements and/or more hours to use PGUSD facilities such as courts, pool, and fields.

Athletic facilities provide our citizens with the opportunity to enjoy recreational activities that support healthy lifestyles.

Quality facilities encourage citizens to engage in fitness and show that the city supports the health of the community.

COVID-19 kept people indoors and allowed some of the city facilities to fall into disrepair. All ages can benefit from this investment but our youth are particularly in need of facilities to provide alternatives to being on screens. There is also currently a lack of city facilities for basketball, soccer, and other field sports. These shortages could be mitigated by investment in city property or partnerships with PGUSD. $75,000 No Recreation Board Infrastructure; Recreation
30 Street repairs, sidewalks on David
Ave and Patterson, Del Monte
Park Area
repair streets and sidewalks bike lanes through out town obviously if not all can be funded unless, council dads more to cip budget $1,000,000 Yes 1 million, 50k to engineering ;from worst streets to gutters, 750k construction 23-25 Infrastructure 31 Repair Rocky Shores Coastal Trail Replace boardwalk that was washed away in storm with a trail at a higher elevation. Repair of existing recreational trail $200,000 No Infrastructure32 Plant Public Trees Plant trees on public property Climate action and beautification $150/tree plus ongoing watering for 2 years No Environmental Stewardship33 David Avenue Sidewalk This multi-year project would entail engineering, design and construction of an ADA compliant sidewalk on David Avenue between Patterson Lane and Montecito Ave. The project will require retaining walls, rolled curb/stormwater improvements, and possible removal of vegetation.

Safe routes to school for Del Monte Park neighborhood $1,000,000 Yes TBD Infrastructure 34 Urban Canopy Improvement Project
The CEQA mitigation of the 2012 revision of the city tree ordinance called for the city to plant hundreds of trees per year, but this aggressive planting has not happened. To help address the growing tree deficit, we propose strategic planting at least 40 trees: primarily native upper canopy and/or monarch butterfly habitat trees. In addition, we request a part-time position in Public Works established for the purpose of planting and watering the newly planted trees for a minimum of two years.

Urban trees are an important resource and provide many benefits to Pacific Grove. Besides being aesthetically pleasing and providing health benefits to residents and attracting tourists, trees improve air quality, reduce atmospheric carbon dioxide (CO2), reduce impacts of storm water runoff and soil erosion, provide important wildlife habitat, and are important modifiers of climate change. In September 2012 the city of Pacific Grove established a 25-year city-wide target of achieving a total canopy cover of 33%. According to the 2015 Urban Tree Canopy Assessment, the city of Pacific Grove had 28.6% of existing canopy with a canopy potential of 57%. The city committed to massive planting when the city council adopted revisions to the tree ordinance in 2012, but such planting has never begun and the urban tree deficit in Pacific Grove continues to increase, particularly in light of recent storms. This project meets the city council goals for environmental stewardship and Climate Action and Adaptation. It also addresses the economic development goals of beautifying the downtown area to make it more inviting for visitors to attract more patrons to our Downtown/Business District dining and retail establishments.
$80,000 Yes
$20,000 to purchase and plant in year 1,
$30,000/yr in year 1 and year 2 for a part
time Public Works position dedicated to
planting and watering trees for the total
cost of funds requested of $80,000.

Environmental
Stewardship
35 Downtown/Business District Tree Improvement Project
The CEQA mitigation of the 2012 revision of the city tree ordinance called for the city to plant hundreds of trees per year, but this aggressive planting has not happened. To help address the growing tree deficit and to help beautify the downtown/business district, we propose strategic planting at least 20 native evergreen and/or leafy green trees in sidewalk areas, as well as 3-5 upper canopy (e.g., cypress) trees to provide additional habitat trees in the center divide on Lighthouse Ave. This project would also include native plants and flowers in the tree wells to enhance the beauty and protect the soil. To support the health and vitality of the new trees, we request a part-time position in Public Works established for the purpose of planting and watering the newly planted trees for a minimum of two years.

Urban trees are an important resource and provide many benefits to Pacific Grove. Besides being aesthetically pleasing and providing health benefits to residents and attracting tourists, trees improve air quality, reduce atmospheric carbon dioxide (CO2), reduce impacts of storm water runoff and soil erosion, provide important wildlife habitat, and are important modifiers of climate change. In September 2012 the city of Pacific Grove established a 25-year city-wide target of achieving a total canopy cover of 33%. According to the 2015 Urban Tree Canopy Assessment, the city of Pacific Grove had 28.6% of existing canopy with a canopy potential of 57%. The city committed to massive planting when the city council adopted revisions to the tree ordinance in 2012, but such planting has never begun and the urban tree deficit in Pacific Grove continues to increase, particularly in light of recent storms. This project meets the city council goals for environmental stewardship and Climate Action and Adaptation. It also addresses the economic development goals of beautifying the downtown area to make it more inviting for visitors to attract more patrons to our Downtown/Business District dining and retail establishments.
$70,000 Yes
We are requesting $10,000 to purchase and
plant trees the first year and $30,000/yr for
year 1 and 2 for a part time Public Works
position dedicated to planting and
watering trees. The costs of maintenance
would be reduced if funded in conjunction
with other tree-planting projects.

Environmental
Stewardship
FY23/24 Unfunded Project List
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36 Muni Ballpark turf installation of sports field turf to replace existing grass and dirt playing surfaces.

Municipal Field has been a part of the Pacific Grove landscape since the early 1930s. The ballpark was constructed with a combination of private funds and New Deal relief labor during the height of the great depression. It has served the recreation needs of the community for a considerable time and continues this tradition today. Municipal Field has served thousands of youth baseball and softball participants throughout its history and this year alone will serve PG High School Softball and over 500 youth participants in PONY Baseball. This park serves the community. With the changes in fiscal responsibility and escalating costs to maintain this field it is the vision to bring the playing surface of the park in line with today’s playing surface innovations. The improved field will see a drastic reduction in maintenance costs and environmental concerns for the city. These costs will include an immediate stop to weekly grass upkeep and the field will be ready for sports usage immediately. PONY baseball has numerous volunteers that must prepare the field prior to its use before and after each sports contest. The series of weather events at the start of 2023 has made the field virtually unplayable and has forced the local sports teams to either cancel contests or move to facilities in adjoining communities.

The biggest attribute to field renovation is the complete stoppage of any water usage to the field surface. With the improvements the field could be utilized by additional youth sports programs such as soccer, lacrosse, and flag football programs. The field could also turn into a major destination for youth softball and baseball tournaments throughout Central California while generating significant rental revenue for the city. This in turn could yield carryover revenue for the various hotels and restaurants in Pacific Grove. This renovation will not change the footprint of the field in any manner nor infringe on any environmental concerns.

Initial estimated costs for the renovation are projected at 600k to 700K for a field the size of municipal field. The renovation has the full support of PONY Baseball and its non-profit fundraising initiatives. It is the intent of PONY Baseball to raise over 300k of the total funds needed to renovate the park for current and future generations. It is the intent to partner with local contractors who have an interest in seeing Muni Field preserved thus further reducing the overall cost. $700,000 No Infrastructure; Recreation
37 Japanese Tea House Along Coastline This project would allow for the construction of a gazebo style Japanese Tea House on City Property along the coastline. This project was submitted as an art project, via the City's Art Form to the BNRC. The BNRC recommended inclusion on the CIP. $175,000 No No Infrastructure
38 PG Museum of Natural History Carpet Replacement Replace the carpets in the second floor of the Pacific Grove Museum of Natural History spaces. The carpets are old, deteriorated and are in need of replacement. $50,000 No Museum Board Infrastructure 39 Additional Funding for Point Pinos Lighthouse Roof Repair The Museum Board Requested an item be added to the CIP to provide additional funding to the FY22/23 CIP project to replace the Point Pinos Lighthouse Roof. Project development by the Heritage Society is still underway for the appropriate material type. TBD No Museum Board Infrastructure40 Bus Stop Sidewalk, Curb and ADA ramp improvements This project would allow for sidewalk, curb and ada ramp improvements associated with future bus stops. It is anticipated that there will be 5-7 new bus stop locations; specific locations TBD. $75,000 Yes Infrastructure 41 Downtown Bulbout Improvements This project would allow increased safety improvements downtown via construction of bulbouts and center median parking restriping. $250,000 Yes Infrastructure 42 Stormwater Master Plan
This project would allow for the development of a stormwater master plan. The master plan would provide the City with direction on upgrades and stormwater assert management needs. This would also be the starting point for the proposition 218 process to develop a dedicated stormwater fund.

There is currently no dedicated stormwater funding for stormwater projects; this often results in stormwater infrastructure repairs being deferred due to insufficient funding. $400,000
Infrastructure;
Environmental
Stewardship
43 City Asset Management Assessment & Plan
All city owned buildings an asset schedule of required repairs, upgrades and replaces (interior and exterior)
City Hall, PW Yard, PD, Fire, Library, Youth Center, Museum, Golf Course Club House and Maintenance Facility, Point Pinos Grill, Beach House, Lovers Point Grill, Cave, Community Center, and Poets Perch
$350,000
Infrastructure;
Environmental
Stewardship
44 City Fleet Plan New software program, develop program $75,000 Infrastructure;
Environmental
Stewardship
FY23/24 Unfunded Project List
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Pacific Grove City CouncilMay 3, 2023

Pacific Grove City Council
May 3, 2023